The Leader Board

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


03.13.17

The Magnificent Seven: The ‘Most Ambitious Regulatory Rollback Since Reagan’ Continues

'Republicans Are Moving Quickly To Dismantle Obama-Era Regulations' SENATE MAJORITY LEADER MITCH McCONNELL (R-KY): "Regulations aren't issued in a vacuum; they have real economic consequences that can harm the middle class. They can kill jobs, raise prices, depress wages, and lower opportunities. And yet, the Obama Administration went on a regulatory rampage at a time when we should've been looking to do just the opposite. On its way out the door, the previous administration continued to push … Continue Reading


03.10.17

The ABA ‘Gold Standard’

Top Dems: 'The ABA Evaluation Has Been The Gold Standard By Which Judicial Candidates Are Judged' SEN. CHUCK GRASSLEY (R-IA), Senate Judiciary Committee Chairman: "The ABA's ringing endorsement is no surprise given Judge Gorsuch's sterling credentials and his distinguished decade-long record on the Tenth Circuit. Former Chairman Leahy and Minority Leader Schumer have called the ABA's assessment the 'gold standard' in evaluating federal judicial nominations. In light of Judge Gorsuch's impeccabl… Continue Reading


03.10.17

‘Obamacare Is Failing’

'Deductibles Are Going To Get Even Higher,' 'Markets Could Collapse,' Insurers 'Exiting States' SENATE MAJORITY LEADER MITCH McCONNELL (R-KY): "It's clear to just about everyone that Obamacare is failing. Costs are soaring. Choices are diminishing. Insurance markets are teetering. It would be easy to just sit back and watch this partisan law collapse under its own weight. Pass the buck to the next guy. That seems to be the Democrats' strategy. But Republicans think the middle class deserves… Continue Reading


03.09.17

‘There Is No Principled Reason To Vote Against Gorsuch’

'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 & Partner Kellogg, Hansen, Todd, Figel & Frederick Who Specializes In Supreme Court Practice: "As a longtime supporter of Democratic candidates and progressive causes… [Judge Neil] Gorsuch - my former law partner and longtime friend - is brilliant, diligent, open-minded and thoughtful. He… Continue Reading


03.07.17

Obamacare: The Middle Class Continues To Get Squeezed

Recent Obamacare Horror Stories: Premiums Increased '300%,' 'Not Able To Keep Our Doctor' SENATE MAJORITY LEADER MITCH McCONNELL (R-KY): "In election after election, the American people have called for an end to Obamacare. In the last election, they made their voices clear once more. They elected a President and a Congress dedicated to bringing relief from this partisan law, and we're determined to do right by our constituents by doing so…. Americans were promised costs would go down. Am… Continue Reading


03.06.17

Repealing The Obama Administration’s Blacklisting Rule

'The Obama Administration's Blacklisting Rule Circumvents Congressional Authority, Harms The Economy And Efficiency Of The Federal Government's Acquisition Process' "The Senate voted Monday to repeal another last-minute regulation President Obama imposed before leaving office in January, one that would have required companies to report labor law violations or allegations while bidding for federal contracts." ("Senate Repeals Another Obama 'Moonlight' Reg," Washington Examiner, 3/6/17) "The r… Continue Reading


03.06.17

‘The American People Deserve A Functioning Government’

Flashback - SEN. SCHUMER: 'Who In America Doesn't Think A President, Democrat Or Republican, Deserves His Or Her Picks For Who Should Run The Agencies? Nobody' SEN. MITCH McCONNELL (R-KY): "Look, we all get it. Democrats are having a tough time coming to grips with the election results. They wish it had turned out differently. I understand their disappointment. I know their base is rioting against reality. I know the far left is demanding obstructionist tactics at any cost. I realize that Leade… Continue Reading


03.01.17

Seema Verma: ‘A Superb Choice’ To Lead CMS

'Seema Verma Has First-Hand Knowledge Of Health Policy Solutions Because She Has Helped Accomplish Meaningful Reforms' SENATE FINANCE COMMITTEE CHAIRMAN ORRIN HATCH (R-UT): "Over the last eight years, American middle-class families have struggled to find affordable care under Obamacare, making a repeal and replacement of the law a top priority for the new Republican Congress and administration. Through her solid health policy background, Seema [Verma] will play a significant role in that effo… Continue Reading

Showing page   of 38