The Leader Board


There Is No 60 Vote ‘Standard’

Washington Post Fact-Checker: Senate Democrats' Are 'Being Slippery With Their Language,' 'Misleading,' There Is No 60 Vote 'Standard' For Supreme Court Nominees Sen. Pat "Leahy … does not support Senate Minority Leader Chuck Schumer's decision to filibuster the Gorsuch nomination, which would effectively block a full Senate vote. 'I am not inclined to filibuster…'" (VTDigger, 3/27/17) Other 'Democrats Are Being Slippery With Their Language' "A confirmation vote… Continue Reading


‘Mindless Obedience To … Opposition’

'Sen. Chuck Schumer … Will Lead A Filibuster Of Neil Gorsuch's Nomination To The Supreme Court. What A Pity. And How Utterly Shameful' SEN. CHUCK GRASSLEY (R-IA): "If you'd filibuster Judge Gorsuch, it's obvious you'd filibuster anybody." (Sen. Grassley, Press Release, 3/23/17) SEN. LINDSEY GRAHAM (R-SC): "If this man doesn't get 60 votes, then I don't believe we can ever find a Republican in the country, presidential pick, that would get 60 votes." (U.S. Senate, Judiciary Committee, He… Continue Reading


Tail Wagging The Donkey

'If Judge Gorsuch Can't Achieve 60 Votes In The Senate, Could Any Judge Appointed By A Republican President'? SEN. MITCH McCONNELL (R-KY): "If Judge Gorsuch can't achieve 60 votes in the Senate, could any judge appointed by a Republican president be approved with 60 or more votes in the Senate?" (Sen. McConnell, Press Conference, 3/21/17) "'If this man doesn't get 60 votes, then I don't believe we can ever find a Republican in the country, presidential pick, that would get 60 votes,' Republica… Continue Reading


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


On Day 3, Judge Gorsuch ‘The Very Image Of A Thoughtful Jurist’

After A 'Steady Performance Through Two Grueling Days Of Testimony,' 'The Hearings Confirm That Gorsuch Is Imminently Qualified.' He 'Should Be Confirmed' Hearings Prove Judge Gorsuch 'An Even-Tempered, Deeply Knowledgeable Nominee Who Should Be Confirmed By The Senate' "Federal appeals court Judge Neil Gorsuch appeared headed for eventual confirmation to the Supreme Court on Wednesday … Gorsuch's steady performance through two grueling days of testimony lent an air of inevitability… Continue Reading


Judge Gorsuch’s Record Of Consensus Building

Judge Gorsuch: 'We Listen To One Another… And We Seek Consensus Whenever We Can,' 'That's How We Do Things In The West' JUDGE GORSUCH: 'In The West, We Listened To One Another Respectfully. We Tolerate -- We Cherish Different Points Of View. And We Seek Consensus Whenever We Can.' JUDGE GORSUCH: "I have decided… over 2,700 cases, and my law clerks tell me that 97 percent of them have been unanimous, 99 percent I've been in the majority. They tell me as well that according to th… Continue Reading


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


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


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


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


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


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


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


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


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


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


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


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


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


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

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