The Leader Board

03.22.17

Judge Gorsuch: ‘The Independence And Integrity Of The Judiciary Is In My Bones’

JUDGE GORSUCH: "Senator, the independence and integrity of the judiciary is in my bones." (U.S. Senate, Judiciary Committee, Hearing, 3/21/17) DISTINGUISHED LEGAL MINDS: Judge 'Gorsuch Believes Strongly In The Independence Of The Judicial Branch Of Government,' 'He Is Dedicated To The Constitutional Doctrine Of Separation Of Powers And To The Independence Of The Judiciary' NEAL KATYAL, Former Acting Solicitor General Under President Obama: "His years on the bench reveal a commitment to judic… Continue Reading


03.22.17

There They Go Again…

'Democrats … Are Simply Telling Supporters A Politically Convenient Fairy Tale' MYTH: 'The Republican Party… Ignored The Constitution' SEN. PAT LEAHY (D-VT) Today: "…[I]t was the Republican Party that ignored the Constitution, did not allow [Merrick Garland] to have a vote, and did not allow him to come before this body, and did not uphold the advise and consent oath and advise and consent." (U.S. Senate, Judiciary Committee, Hearing, 3/22/2017) FACT: SEN. LEAHY: 'Power… Continue Reading


03.22.17

On Day 2, Judge Gorsuch ‘Showed Command Of The Law’

'On A Day Mostly Devoid Of Drama,' Judge Gorsuch 'Took A Long Step Toward Senate Confirmation' With 'An Impressively Disciplined Performance' "In a hearing that stretched through nearly 12 hours Tuesday, the Supreme Court nomination of Neil Gorsuch took a long step toward Senate confirmation… [a] testament to Gorsuch's own temperament. He kept an even keel throughout the day, rarely betraying more than a hint of impatience or pique. He smiled a lot, made jokes about family and matched th… Continue Reading


03.21.17

FLASHBACK: Elena Kagan’s Career As A Political Operative

Kagan Worked "14 Hours A Day" On A Liberal Senate Campaign, Conducted Opposition Research For A Democrat Presidential Campaign, And Worked "To Score Points Against The Republican Congress" Sen. Franken voted to confirm Elena Kagan to the Supreme Court. (PN1768, Elena Kagan Nomination, Nomination Confirmed 63-37, 8/5/2010) 1980: Worked On Senate Campaign Of Noted Liberal Rep. Elizabeth Hotzman When Democratic Rep. Holtzman Lost In 1980, Kagan Believed "The World Had Gone Mad, That Liber… Continue Reading


03.21.17

Judge Gorsuch ‘Understands The West’

SEN. GARDNER: He's 'Somebody Who Understands The West, Our Water Laws … Our Resources Laws, Somebody Who Understands Indian Laws' SEN. BENNET (D-CO): 'As A Person And As A Lawyer, Judge Gorsuch Exemplifies Some Of The Finest Qualities Of Colorado' SEN. CORY GARDNER (R-CO): "Judge Gorsuch is a fourth generation Coloradan, skier, fly fisher, serving on a court that represents 20 percent of our nation's landmass; whose family roots reflect the grit and determination that built the West. … Continue Reading


03.21.17

FLASHBACK: ‘We Are All Originalists’

MYTH: 'It Has Been 25 Years Since An Originalist Has Been Nominated To The Supreme Court' SEN. PAT LEAHY (D-VT): "…originalism I believe remains outside the mainstream of moderate constitutional jurisprudence. It has been 25 years since an originalist has been nominated to the Supreme Court." (U.S. Senate, Judiciary Committee, Hearing, 3/20/17) FACT: ELENA KAGAN: 'We Are All Originalists' ELENA KAGAN: "We are all originalists." (U.S. Senate, Judiciary Committee, Hearing On Elena Kagan … Continue Reading


03.21.17

Judge Gorsuch: ‘Everyone Who Comes To Court Deserves Respect’

Judge Gorsch: As Judges, 'Sometimes The Answers We Reach Aren't Ones We Would Personally Prefer. Sometimes The Answers Follow Us Home And Keep Us Up At Night. But The Answers We Reach Are Always The Ones We Believe The Law Requires.' JUDGE NEIL GORSUCH: "I've been stuck on the highway in Wyoming in a snowstorm. I know it's involved. I don't make light of it, I take it seriously. But, Senator, this gets back to what my job is, and what it isn't." (U.S. Senate, Judiciary Committee, Hearing, 3… Continue Reading


03.21.17

Chevron Doctrine & Separation Of Powers

Judge 'Gorsuch Has Questioned …Agencies' Expansive Interpretations Of Their Own Powers' NOAH FELDMAN: "Liberals and conservatives alike have deployed Chevron over the years …the truth is that Chevron deference isn't inherently liberal or conservative. The real issue at stake is whether the judiciary should have the last word on the meaning of the law." (Noah Feldman, Op-Ed, "Get Ready, Supreme Court Fans. Brush Up On Your Chevron Doctrine," Bloomberg, 2/3/17) 'Judge Gorsuc… Continue Reading


03.21.17

Citizens United: Elena Kagan & Pamphlet Banning

Solicitor Elena Kagan's Office Argued The U.S. Government Could Ban Books Before She Personally Revised The Position… To Argue The Ban Would Only Apply To Pamphlets FLASHBACK: "It isn't often that a government lawyer stands before the Supreme Court and acknowledges that yes, it would be constitutional to ban a book. But that is what happened on Tuesday, as Deputy Solicitor General Malcolm Stewart defended a campaign-reform law that treated an anti-Hillary Clinton movie in 2008 as an elec… Continue Reading


03.21.17

Sen. Feinstein’s Signing Statement Confusion

'Judge Gorsuch… Pushed Strongly For A Signing Statement … Because It Could Make Clear The Bush Administration's View That The New Torture Ban Was "Best Read As Essentially Codifying Existing Interrogation Policies"' SEN. FEINSTEIN: 'According It E-Mails… You Were Involved In Preparing That Signing Statement' SEN. DIANNE FEINSTEIN (D-CA): "When President Bush signed the detainee treatment act, he issued a statement that basically said he would only construe the law consis… Continue Reading


03.21.17

The Difference Between An Advocate & Judge

ELENA KAGAN: 'I Want To Make A Clear Distinction' JUDGE GORSUCH: "As a lawyer, that's all I was, I was a lawyer for a client, right? I was advising them on how to go about doing that legally in conjunction with Senator Graham's office, and others." (U.S. Senate, Judiciary Committee, Hearing, 3/21/17) ELENA KAGAN: 'I Want To Make A Clear Distinction Between My Views As An Advocate And Any Views That I Might Have As A Judge' ELENA KAGAN: "I want to make a clear distinction between my views a… Continue Reading


03.21.17

Sen. Schumer’s Religious Freedom Restoration Act Key Law At Issue In Hobby Lobby

Senator Schumer Said His Law Aimed To Allow 'Maximum Religious Freedom' The Religious Freedom Restoration Act Was Sponsored By Then-Rep. Chuck Schumer (D-NY): 'The American People Today Know That Religious Freedom Is No Luxury, But Is A Basic Right Of A Free People' RELIGIOUS FREEDOM RESTORATION ACT OF 1993: "FREE EXERCISE OF RELIGION PROTECTED: (a) In General.--Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applica… Continue Reading


03.21.17

Judge Gorsuch In The Rocky Flats Case: ‘Pretty Stirring Stuff’

Homeowner: 'It's Been A Long Time… I Was Thinking We No Longer Had Justice In This Country' 'Writing For The Panel, Gorsuch Lamented The "Staggering Delay And (No Doubt) Equally Staggering Expense The Parties Endured" As Well As "Injustice In The Human Costs"' DAVID C. FREDERICK, Board Member, Liberal American Constitution Society Who Specializes In Supreme Court Practice: "Anyone who sees Gorsuch as automatically pro-corporation should talk to the officers at Rockwell International a… Continue Reading


03.21.17

The Ginsburg Standard

'No Hints, No Forecasts, No Previews' And No Hypotheticals SEN. CHUCK GRASSLEY (R-IA): Judge Gorsuch "You're going to be asked to make promises and commitments about how you'll rule on particular issues. Now, they won't necessarily ask you that directly, for instance 'how will you rule on this issue, or that issue.' Instead, they'll probably ask you about old cases, whether they were correctly decided. Of course, that's another way of asking the very same question. They know that you can't answ… Continue Reading


03.20.17

Judge Gorsuch ‘Somebody Who Understands The West’

The Federal Government 'Has An Outsized Impact On Those Who Live In The West, And … That Is Evident In The Jurisprudence You See From Judge Gorsuch' SEN. CORY GARDNER (R-CO): Judge Gorsuch "does have the fact that he's a fourth generation Coloradan, avid flyfisher, expert skier, somebody who understands the west, our water laws, somebody who understands our resources laws, somebody who understands Indian laws, and somebody who's going to be a guardian of the Constitution and interpret… Continue Reading


03.20.17

Judge Gorsuch: ‘True Independence’

'Liberals Should Welcome A Nominee Like Gorsuch - Who Is Honest, Principled And Committed To Safeguarding The Rule Of Law' DAVID C. FREDERICK, Board Member, Liberal American Constitution Society, Specializing In Supreme Court Practice: "Over the course of his career, he has represented both plaintiffs and defendants. He has defended large corporations, but also sued them. He has advocated for the Chamber of Commerce, but also filed (and prevailed with) class actions on behalf of consumers. We s… Continue Reading


03.20.17

It’s The People’s Seat

SEN. JOE BIDEN (D-DE), Then-Judiciary Committee Chairman: "…it is my view that if a Supreme Court Justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not - and not - name a nominee until after the November election is completed." (Sen. Biden, Congressional Record, S.16316-7, 6/25/1992) MYTH: 'Republicans Stole the Supreme Court' RACHEL MADDOW: "Sen… Continue Reading


03.20.17

‘The Rule Of Law Isn’t Liberal Or Conservative’

SEN. SCHUMER: Putting The 'Rule Of Law Above Everything Else' More Important Than 'So-Called Sympathetic Litigants' SEN. CHUCK GRASSLEY (R-IA): "The judge's job, our nominee says, is to deliver on the promise that 'all litigants, rich or poor, mighty or meek, will receive equal protection under the law and due process for their grievances.' The nominee before us understands that any judge worth his salt will 'regularly issue judgments with which they disagree as a matter of policy-all because t… Continue Reading


03.15.17

Schumer’s Shifting Standards

SEN. SCHUMER: Putting The 'Rule Of Law Above Everything Else' More Important Than 'So-Called Sympathetic Litigants' NOAH FELDMAN, Liberal Harvard Law Professor, & Former Clerk To Justice David Souter: "I'm not sure who decided that the Democratic critique of U.S. Supreme Court nominee Judge Neil Gorsuch would be that he doesn't side with the little guy. It's a truly terrible idea. … The rule of law isn't liberal or conservative -- and it shouldn't be." (Noah Feldman, Op-Ed, "Democrat… Continue Reading


03.14.17

Seema Verma: The Health Care Reformer America Needs

Her Deep Knowledge And Experience With Health Care, Especially With Medicaid, Makes Her 'The Ideal Candidate' To Oversee Reform "The Senate on Monday confirmed Seema Verma, a health policy expert from Indiana… By a vote of 55 to 43, the Senate approved the nomination of Ms. Verma to be the administrator of the Centers for Medicare and Medicaid Services, which spends more than $1 trillion a year on programs providing health care to more than one-third of all Americans." ("Health Policy Ex… Continue Reading

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