Tag: SCOTUS

Jim Geraghty of National Review and Greg Corombos of Radio America welcome word that a federal investigation will be opened into how a prominent Indiana abortion provider allied with Pete Buttigieg ended up with more than 2,000 fetal remains in his home.  They also shake their heads as Kamala Harris not only calls for Supreme Court Justice Brett Kavanaugh to be impeached but also contends that Christine Blasey Ford was “treated like a criminal” and that the Kavanaugh confirmation created a “crisis of confidence” in the Supreme Court.  And Jim has plenty to say as the two New York Times reporters behind the latest Kavanaugh allegation insist their original article included the fact the supposed victim has no memory of the incident but their editors took it out of the story.

ChoiceMedia‘s Bob Bowdon and Pioneer Institute‘s Cara Candal talk about charter school authorizing in California and a recent bill that gives school districts rather than the state  the authority to approve  charter schools; good news for online learning programs in Oklahoma; and is there a shortage of teachers in American schools? Plus, Bob calls out Dale Russakoff for a selective New York Times  interpretation of Success Academies.

In their Newsmaker Interview, Bob & Cara talk with Erica Smith of the Institute for Justice, about the history and implications of the Espinoza v. Montana Department of Revenue Supreme Court case, which could help low-income families access private and parochial schools in over 30 states.

Jim Geraghty of National Review and Greg Corombos of Radio America cheer Former Secretary of State Condoleezza Rice for utterly rejecting the suggestion from NBC’s Savannah Guthrie that Russian meddling may have tipped the 2016 election to President Trump – and explaining what really did happen.  They also welcome the U.S. Supreme Court siding with the Trump administration in requiring asylum seekers to apply for asylum in any country they enter on the way to the U.S.  And they pop the popcorn as the Biden campaign takes a swing at Elizabeth Warren and Marianne Williamson complains that the Democrats are meaner to her than conservatives.  Finally, they figure out ways to tolerate a three-hour Democratic presidential debate tonight.

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With nearly seven in 10 American adults worried about cultural and political threats to free speech, good news may be closer than you think. In fact, a recent court decision provides hope that free speech protections are trending upward, charting the course for future victories for all Americans. Free speech was at the very center […]

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Jim Geraghty of National Review and Greg Corombos of Radio America discuss Ruth Bader Ginsburg’s surprising praise of conservative justices Neil Gorsuch and Brett Kavanaugh. They debate the news of Wall Street donors backing Biden, Buttigieg, and Kamala in the Democratic primary. And they cover the growing controversy of the doctored presidential seal displayed behind President Trump at a recent event.

After sharing some initial thoughts on the Mueller hearings, Jim Geraghty of National Review and Greg Corombos of Radio America applaud Ruth Bader Ginsburg for criticizing Democratic calls to pack the Supreme Court with more justices. They share a chuckle over the growing angst among Democrats over progressive donor Tom Steyer’s presidential bid. And they roll their eyes as hardly any members of Congress ignore the main point of the Mueller report – that Russia is intent on meddling with our elections.

A Quiet Revolution in Property Rights

 

Rose Knick with her lawyers at the Supreme Court.

One of the most important cases in the recently concluded Supreme Court term is Knick v. Township of Scott. Though Knick didn’t receive much attention in the press, it gave landowners a powerful new procedural tool to upend the unwelcome dominance that state and local governments have had over land use governance.

The facts of the case are as follows: Rose Mary Knick owned a small family graveyard on her 90-acre rural plot in Township of Scott, Pennsylvania. In December 2012, the Township adopted an ordinance that required “all cemeteries be kept open and accessible to the general public during daylight hours.”

Jim Geraghty of National Review and Greg Corombos of Radio America relish watching Beto O’Rourke get exposed yet again as an empty suit who only knows platitudes and pandering. They also cover the Supreme Court’s decision that will likely keep the citizenship question off the 2020 census. And they discuss Tim Ryan and Tulsi Gabbard clashing on the Afghan War while summing up the rest of the candidates in the first Democratic debate.

Jim Geraghty of National Review and Greg Corombos of Radio America oppose pretty much every big government plan being pushed by Bernie Sanders but they welcome his honesty that big tax hikes will be required to pay for his agenda.  They also cringe as Department of Energy tarnishes a wonderful program to become a more prominent supplier of natural gas to other nations by referring to the gas as “molecules of freedom.” And Jim and Greg discuss Senate Majority Leader Mitch McConnell’s promise to confirm a Supreme Court nominee if a vacancy opens up in 2020.

Jim Geraghty of National Review and Greg Corombos of Radio America are glad to see not all Democrats have lost their minds after Colorado Sen.  Michael Bennet begs 2020 candidates not to campaign on expanding the Supreme Court. They also hammer Beto O’Rourke and other liberals for using the New Zealand mosque massacre to push a ban on the AR-15.  And they defend Chelsea Clinton after progressives accuse her of facilitating the New Zealand massacre with her critique of Rep. Ilhan Omar. 

Jim Geraghty of National Review and Greg Corombos of Radio America are glad to see former New York City mayor Michael Bloomberg decide not to run for president in 2020 but groan as he vows to spend huge sums of money to move the world “beyond carbon” in the next decade.  They also fume as Hillary Clinton finds yet another pathetic excuse for losing to Donald Trump in 2016.  And they react with disgust as the federal budget deficit jumps 77 percent in the first four months of Fiscal 2019 compared to last year – and because neither party and most Americans have no interest in addressing our debt and deficit crisis.

Jim Geraghty of National Review and Greg Corombos of Radio America welcome a unanimous Supreme Court decision forbidding states from seizing assets in excess of the penalties a convicted person faces.  They also unload on Labor Secretary Alex Acosta as a judge rips the former U.S. Attorney for striking a 2007 plea bargain with Jeffrey Epstein and not sharing those deliberations with the accusers at the request of Epstein’s lawyers.  They react to North Carolina officials ordering a do-over in a North Carolina congressional race after a shady absentee ballot strategy by the Republican campaign.  And they react to the Robert Kraft news, which broke as they were recording.

The Real Story Behind ‘On the Basis of Sex’

 

The new highly publicized movie “On the Basis of Sex” offers a somewhat fictionalized account of the early professional life of Supreme Court Justice Ruth Bader Ginsburg. Intermingled with her life story, the film presents an idealized narrative of her early legal crusade against gender discrimination, fought in part with her late (and most devoted) husband, the eminent tax lawyer Martin Ginsburg.

Ginsburg argued or participated in several of the early influential cases on sex discrimination and went on to found the Women’s Rights Project at the American Civil Liberties Union. When she started teaching, she was one of only about 20 female law professors in the United States.  She was very much a pioneer in the women’s rights movement, motivated by her own life experiences. She had on numerous occasions been rejected from positions solely on grounds of her sex, notwithstanding her great academic distinction, and was well aware that similar obstacles fell in the path of other women who sought to make a career in the law. The film goes into these issues in depth, but I shall not dwell on them here. I am a lawyer, not a film critic, so I will comment only on Justice Ginsburg’s substantive arguments against gender discrimination

Most legal writers support Justice Ginsburg’s position that both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment prohibit government discrimination on the basis of sex. I offer a split verdict on her legal efforts and of those who followed in her path. I think that she was right on the early cases that sought to get rid of senseless distinctions based on gender.  But as the law subsequently developed, she and the courts pushed the crusade too far, creating new forms of gender imbalance that the law should have resisted. Failure to understand the economics of discrimination have led courts to impose new versions of the very discrimination that the law is intended to eliminate. In general, truly competitive markets do a better job in rooting out gender discrimination than government regulation.

Jim Geraghty of National Review and Greg Corombos of Radio America cheer Neil Gorsuch and other Supreme Court justices for blasting civil asset forfeiture in an Indiana case that may soon limit the government’s ability to seize property from suspected and convicted criminals.  They also sigh as Jeff Flake forces the cancellation of committee votes on two dozen judicial nominees because he can’t get a floor vote on legislation to protect special counsel Bob Mueller.  They also imagine the sanctimony primary between Flake and John Kasich as both seem interested in launching irrelevant 2020 presidential campaigns.  And they react to Stormy Daniels revealing that attorney Michael Avenatti has filed suits and made statements in her name that she never approved and that Avenatti won’t tell her how he’s spending the money many people have donated to her legal cause.

It’s Official: SCOTUS Home Page

 

A screenshot from Saturday evening, October 6, 2018.

If you clicked on “Oath Ceremony – Photos,” you saw both Chief Justice Roberts and Justice Kennedy administering an oath to Justice Kavanaugh. This is because they take two oaths: the Constitutional Oath, followed by the Judicial Oath. It is worth considering the brief histories, and the words of the oaths, in light of the outrageous smear campaign that is not over yet. If jurists truly lived by their oaths, why would there be such a war over a particular vacancy?

Senator Collins: Lioness of the Senate

 

Senator Susan Collins stood forth on the Senate floor; today she was our Deborah. Senator Lamar Alexander, following her, praised her speech as one for the ages, linked to Senator Margaret Smith. Majority Leader McConnell then said he had been a young staffer when Senator Margaret Smith was the first to denounce McCarthyism. Senator Collins’s speech is important, not only for guaranteeing Judge Kavanaugh’s confirmation, but also for marking off the bounds of decency — as her state’s first female Senator did over a generation ago.

Two weeks ago, I wrote “Senator Collins has been a true stateswoman in the Kavanaugh hearings.” A week ago, I observed:

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For this week’s Big Ideas with Ben Weingarten podcast, my guest was Rich Higgins. Higgins, an expert in unconventional warfare and combatting terrorism with over 20 years experience at senior levels of the Defense Department, and early supporter of President Trump, served as director for strategic planning in President Trump’s National Security Council (NSC). Preview Open

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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.

Having declined to defend his seat, submitting himself to the judgment of his party’s voters, in his state, Sen. Flake needed a new purpose. His mentor, the man whose political career he had hoped to emulate, left public view in a blaze of hate-fueled spite. We all remember the gleeful thumbs up as Sen. McCain broke his own word and his party’s decade-old pledge to repeal Obamacare.

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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, Preview Open

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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!