Tag: SCOTUS

Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Flake and the Great Big Ugly Man

 

As I was standing in the street,
As quiet as could be,
A great big ugly man came up,
And tied his horse to me.

As I watched Sen. Flake over the past two weeks, this bit of children’s nonsense verse kept coming to mind. Sen. Flake is the poor innocent fellow who was standing in the road back in 2016, when a Great Big Ugly Man came up and tied his horse to him. Since then, Flake just hasn’t been himself, or at least not his best self, or at least not the best self he would have us see.

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Most being of strong soul and mind, almost all Ricochetti have already taken the time, I’m sure, to contact their Senator regarding the Kavanaugh conformation process. I just did. And I’m hoping Donnelly is (hu)man enough to vote for posterity in this confirmation process. Sen. Donnelly, More

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Who Will Be the American Margaret Thatcher? Who Will Be Our Deborah? [Updated]

 
Deborah portrayed in Gustave Doré’s illustrations for La Grande Bible de Tours (1865)

Too many Republican “men” of the Senate are passively complicit in the Kavanaugh smear (Clarence Thomas smear, part II), or cowering in vision-distorting fear. Senator Collins was praiseworthy early last week, as was Senator Grassley. Time, however, has exposed the danger of their failure to stand strongly for justice, and for protecting the seriousness of real cases of sexual violence. Senator Collins has it right, that women must lead in this matter. So let one or a group of the Republican Senators who are women, or a great, aspiring stateswoman, like Congresswoman Martha McSally, take inspiration from Deborah, and stand forth!

4 Now Deborah, a prophetess, the wife of Lappidoth, was judging Israel at that time.
5 She used to sit under the palm tree of Deborah between Ramah and Bethel in the hill country of Ephraim; and the sons of Israel came up to her for judgment.
6Now she sent and summoned Barak the son of Abinoam from Kedesh-naphtali *, and said to him, “Behold, the LORD, the God of Israel, has commanded, ‘Go and march to Mount Tabor, and take with you ten thousand men from the sons of Naphtali and from the sons of Zebulun.
7 ‘I will draw out to you Sisera, the commander of Jabin’s army, with his chariots and his many troops to the river Kishon, and I will give him into your hand.’ “
8 Then Barak said to her, “If you will go with me, then I will go; but if you will not go with me, I will not go.”
9 She said, “I will surely go with you; nevertheless *, the honor shall not be yours on the journey that you are about to take, for the LORD will sell Sisera into the hands of a woman.” Then Deborah arose and went with Barak to Kedesh. 

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Contributor Post Created with Sketch. Member Post

 

Sadly, Senator Grassley is going all wobbly in public, tweeting half-apologies to Judge Kavanaugh, while pathetically tweeting that (by his own actions) he was being made to look “second trombone” to the Senate Minority Leader. It strikes me that this is all due to his and “Leader” McConnell’s, self-created, weak hand with the two abortion […]

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Recommended by Ricochet Members Created with Sketch. Democrats Have Gone to the Mattresses. Someone Tell the Republicans.

 

 The Brett Kavanaugh nomination serves as a useful reminder of why about one-third of the US electorate are firm Trump supporters. While Democrats declare war in the Senate, Republicans are lining up to buy Kavanaugh’s accuser plane tickets. If Trump were chairman of the Judiciary Committee, do you think he’d respond to waking up with a horse’s head in his lap by asking Ms. Ford if she preferred a window or aisle? Of course not. He may lose an eye in the confrontation but you can be sure he’d emerge with Dianne Feinstein’s bloody ear clenched between his teeth.

Much has been said about the damage done to the institution by the Democrats’ petulance while ignoring the institutional damage done by Republicans in humoring them. “But the optics!” shout Republican pollsters. Whenever I hear the “optics” argument I can’t help but notice that it invariably refers to how things might likely appear to the Democrats’ base. To an extent, this makes sense as in lieu of workable ideas, “optics” is all the Democrats’ base has. But what about the Republican base? Isn’t abandoning fundamental principles of the Constitution also a “bad look?”

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Recommended by Ricochet Members Created with Sketch. Member Post

 

Politico has the following piece of data about the Kavanaugh accuser: “The GOP has been told that Ford does not want to fly from her California home to Washington, according to the Republican senator, which means she may need to drive across the country to make the hearing. Ford has reportedly told friends she is […]

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Yes, *And* — “Kavanaugh” from Knife Fight to Cold War?

 

Much has been written about the Kavanaugh brawl, some of it quite good. Reading these pieces, I keep coming to yes, and. It has been asserted that this has nothing to do with Kavanaugh. Dr. Bastiat writes:

My point is that this really is not about Mr. Kavanaugh – he’s just collateral damage. It’s a shame somebody had to be destroyed, but as long as he’s conservative, it’s not too much of a shame.

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Chairman Grassley Slams Door on Further Delay Tactics in Kavanaugh Brawl

 

Chairman Grassley followed up his scorching letter to the Democrats, with a letter to Ranking Member Senator Feinstein, setting 10 AM, September 21, as the deadline for Dr. Ford to agree to be interviewed or testify on Monday. He was very flexible in how and where the appearance would take place. He was completely firm on not letting the process drag on any longer.

The letter setting the witness response deadline was published with another scathing press release, denouncing Feinstein’s continued concealment of the original, unredacted, letter that made the sexual assault allegations: “Ranking Member Refuses to Disclose Secret Allegations Even After Dr. Ford Goes Public.”

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Contributor Post Created with Sketch. Chairman’s Letter Breathes Fire Against Democrats’ Delaying Tactics on Kavanaugh

 

Sen. Chuck Grassley, Chairman of the Senate Judiciary Committee Chairman, wrote a scorching letter Wednesday to committee Democrats concerning their handling of Dr. Christine Blasey Ford’s sexual misconduct allegations against Brett Kavanaugh.

Since many of the impartial firefighters in the DC press corps are only providing a few quotes in their effort to oppose Kavanaugh, I have reprinted the entire text below. In addition, I bolded several stand-out passages in which Grassley clarifies the misperceptions on the issue.

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Senator Collins: A True Stateswoman in the Kavanaugh Brawl

 

Senator Susan Collins is my hero for the day. I am always wary of Senators Murkowski (R-AK) and Collins (R-ME) when any check on abortion-on-demand is at issue. However, Senator Collins has been a true stateswoman in the Kavanaugh hearings. She has sent a letter to Chairman Grassley, published on her Senate webpage, which will make the absolute best out of the mess intentionally created by Senator Feinstein.

Senator Collins proposed the Judiciary Committee hearing open with the attorneys for the accuser and the accused questioning the two of them. This would let the strongest questions be asked before Senators start grandstanding or pulling punches. Senator Grassley knows he has a problem: he has no female Senator on his side of the room, so the optics will be bad if they don’t roll over. The two attorneys are both women.

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Due to the Golden State’s “top-two” jungle primary scheme, California voters will only be able to pick between a pair of Democrats for U.S. Senate on their General Election ballot — namely, five-term incumbent Dianne Feinstein or hard-Left state senator Kevin de León. All things being equal for conservatives and the California GOP, re-electing Feinstein […]

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Contributor Post Created with Sketch. Kavanaugh in the #MeToo Era

 

In the wake of the revelation of Christine Blasey Ford’s identity, some have suggested that her allegation against Brett Kavanaugh will be handled more sensitively than such accusations once were thanks to the #MeToo movement. That may turn out to be true, but only if at least one other woman comes forward with similar charges.

#MeToo gave courage to women, and some men, to speak up about sexual harassment and abuse. It helped to clarify that gross sexual misconduct is not a perk of power. It revived a sense of shame. Whereas for too long, many women felt powerless in the face of this abuse, the movement offered strength in numbers. Once one victim of a brutish man found her voice, others summoned the courage to come forward.

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. #HimToo? Call Wavering Senators’ Bluff

 

If Sen. Flake, who the careful John Hinderaker now calls “traitor,” truly believes Judge Kavanaugh’s 11th -hour Democrat accuser, he will immediately call for the judge’s impeachment. If Flake and the abortion-on-demand supporters, Senators Collins and Murkowski, believe a word of the accusation against Judge Kavanaugh, if they even really believe the allegation is serious, then they will also immediately hold a press conference demanding the impeachment of Justice Clarence Thomas. They will do no such thing because they believe none of this.

As John Hinderaker explains:

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Contributor Post Created with Sketch. Richard Epstein on Classical Liberalism, the Administrative State, Free Speech, and Silicon Valley Regulation

 

For this week’s Big Ideas with Ben Weingarten podcast, I had legendary classical liberal legal theorist and longtime professor at University of Chicago Law School and now at NYU Law — and prodigious Ricochet podcaster Professor Richard Epstein on the podcast to discuss among other things:

  • The role that Professor Epstein’s famous book, “Takings” played in Justice Clarence Thomas’ confirmation hearing — and then-Senator Joe Biden’s hectoring
  • Professor Epstein’s groundbreaking theories on private property rights, eminent domain and the Takings and Commerce Clauses
  • The practical argument against progressivism
  • Whether we should deconstruct the administrative state, and if so how to do it
  • The danger to free speech emanating from college campuses in a world of microaggressions, trigger warnings, de-platforming
  • The folly of regulating Silicon Valley social media companies
  • Classical liberalism versus socialism and libertarianism

You can find the episode on iTunes, everywhere else podcasts are found or download the episode directly here.

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Contributor Post Created with Sketch. Progressives Come After Brett Kavanaugh

 

Two different lines of attack have been launched against the nomination of Judge Brett Kavanaugh, now of the Court of Appeals for the District of Columbia Circuit, to replace Anthony Kennedy on the United States Supreme Court: one personal and one substantive. On the former I have little to say, except to note Yale Law School Professor Amy Chua’s glowing endorsement of Kavanaugh in the Wall Street Journal. Of far greater importance is the attack on his intellectual orientation, both generally and as it relates to specific issues that have come up already, and that will surely come up again before the Supreme Court.

On these issues, the progressive forces aligned against Kavanaugh have given no quarter. The chief object of their intellectual denunciation is the Federalist Society, with whom I have been actively involved since its formation in the early Reagan years. The great success of that organization, as the New York Times columnist David Brooks has recognized, is its single-minded devotion to a long game in which the study of first principles is the main object of intellectual inquiry. The basic insight is that every political movement needs strong intellectual foundations to insulate it from the passions of the day, and that the free exploration of ideas is the best way to achieve that end. The Federalist Society took off in the early 1980s precisely because the dominant liberal ethos of the time was so sure of its political and moral invincibility that it had not taken the time to develop its own comprehensive view on the fundamental relationship between the individual and the state.

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Why Emanate Penumbras When There’s a Ninth Amendment?

 

Our Founders, in rebelling against Mother England, claimed for themselves “nothing but the liberty and privileges of Englishmen in the same degree, as if we had continued among our brethren in Great Britain”. Along with Blackstone, our Founders treated natural rights as A Thing. They drafted the Constitution as a document constraining the federal government to enumerated powers, and recorded in the Ninth Amendment that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” We’re all familiar with the rights enumerated in the Bill of Rights, and the affirmation in the 14th Amendment that these rights are good against the federal government, too. But whatever happened to the unenumerated rights mentioned in the Ninth Amendment?

The Founders had good reason to believe in a constitutional order protecting unenumerated rights. After all, the Founders inherited their notions of rights, due process of law, and constitutionality from Mother England. Which isn’t to say they weren’t free to deviate from English traditions of law in declaring independence; obviously they were. But their understanding of law was rooted in English understanding of law, and only then shaped by their explicit deliberations. A reasonable person living at the time of ratification could be expected to understand the nature of law in a pretty English sense, a sense in which rights are discovered by the traditions of common law, and not all rights must be explicitly summarized in order to be respected.

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Contributor Post Created with Sketch. Supreme Meltdown on the Left

 

View original artwork.

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You ain’t seen nothing yet.

Andrew McCarthy of National Review on why Kavanaugh was perhaps the perfect Supreme Court pick, and he destroys the arguments of Trump extremists calling the judge “Pro-Obamacare” and a Bushie squish.

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Jim Geraghty of National Review and Greg Corombos of Radio America celebrate President Trump’s pick, Judge Brett Kavanaugh, to replace Justice Anthony Kennedy on the Supreme Court. They also reflect on what could have been had Trump nominated Catholic, conservative, mother-of-seven Judge Amy Coney Barrett. And they dismiss the single-source claim of NBC Reporter Leigh Ann Caldwell that Kennedy negotiated his replacement to be Kavanaugh before he stepped down. They also highlight the volatile protesters, who appeared with signs to reject any candidate that Trump selected and who forced Fox News Host Shannon Bream to cancel her show outside the Supreme Court.

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Hello, there, and welcome to the Harvard Lunch Club Political Podcast for July 10, 2018. It’s number 183! It is the Trump SCOTUS edition of the podcast and it is about (tada!) the Trump Supreme Court of the United States. Or, as they will be calling it, the Trump Court. And it is just another reason to chuckle at the #NeverTrump chuckleheads who voted for and pulled for Hillary because Trump was going to end America as we know it.

At the time of the recording the President had not yet picked Brett Kavanaugh as his nominee, so our discussion is a little more general than that. We also talk about abortion and Roe vs. Wade – not entirely unrelated I’m sure you’ll agree.

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