Seizing the Supreme Court the Ford Foundation’S War on the Judicial System Continues

Total Page:16

File Type:pdf, Size:1020Kb

Seizing the Supreme Court the Ford Foundation’S War on the Judicial System Continues Stopping Juvenile Detention: Seizing the Supreme Court The Ford Foundation’s war on the judicial system continues By Fred Lucas Summary: The Ford Foundation, which long ago abandoned the conservatism of its benefactor, is trying to help the Left seize control of the U.S. Supreme Court. The goal is to enact a radical checklist of social change by promoting novel in- terpretations of the Constitution. he Ford Foundation has long sought to use its vast financial resources to Treshape the legal landscape. But until recently it has focused on influencing various left-wing nonprofit law firms and indoctrinating the nation’s law students. (See Foundation Watch, July 2013). After the sudden death of Supreme Court Associate Justice Antonin Scalia on February 13, however, the founda- tion now has the chance to have a far more direct impact on the nation’s juris- prudence. Thanks to many Ford allies, the pressure campaign to replace Justice Scalia with a left-wing jurist was imme- diately well underway. President of the Ford Foundation, Darren Walker, speaks at an Elton John The nation’s fifth largest philanthropy AIDS Foundation event in November 2015. (2014 assets: $12.4 billion) now wants to do whatever it can to tilt the high inee. The Ford Foundation contributed a court majority to the left in order to re- large chunk—$28 million—of the total define American law and policy for gen- (NewsBusters, Feb. 22, 2016, http://bit. June 2016 erations to come. ly/25RE1w3). Over the last decade these organizations were heavily involved in An analysis by NewsBusters found CONTENTS that since 2003, the Ford Foundation Supreme Court confirmation battles: and George Soros-aligned groups have first in trying to block the nominations given at least $50 million to left-wing of George W. Bush’s appointees, Chief Seizing the Supreme Court legal organizations that are now trying Justice John Roberts and Justice Samuel Page 1 to push the Republican-controlled Sen- Alito; then advocating for the confirma- ate to confirm Judge Merrick Garland, tion of Obama high court appointees So- Philanthropy Notes President Obama’s Supreme Court nom- nia Sotomayor and Elena Kagan. Page 8 FoundationWatch According to the FoundationSearch da- nomination until the people’s choice for a nation’s two centuries of history. Judge tabase, the Ford Foundation has given new president was in office. Left-wingers Douglas Ginsburg, nominated Oct. 29, $11.9 million (since 2003) to the Lead- rejoined by pointing to the election-year 1987, pulled out a week later when his ership Conference on Civil and Human confirmation of Justice Anthony Kenne- past marijuana use was revealed. Rights; $4.6 million (since 2000) to the dy. President Ronald Reagan nominated Kennedy’s confirmation did not shift the Alliance for Justice, and almost $722,000 Kennedy in late 1987 after Nixon ap- ideological balance of the high court. (since 2000) to People for the American pointee Lewis F. Powell Jr., a Democrat Kennedy, a judicial moderate, simply Way, which pioneered the ugly practice by partisan affiliation, announced his -re replaced Powell, another moderate, pre- of “borking” Republican nominees to the tirement in June 1987, seventeen months serving the ideological status quo. high court (the term refers to the cam- before the next election. Kennedy was paign of slander waged against the distin- confirmed by the Senate on Feb. 4, 1988. By contrast, the vacancy left by Scalia’s death could put the nation’s basic consti- guished Judge Robert Bork after Reagan Among those left-wingers predictably nominated him in 1987). tutional liberties at risk for generations shouting “gotcha!” was Wade Hender- to come. Religious freedom, free speech, While Justice Scalia’s body was still son, president and CEO of the Leadership the individual right to bear arms, and warm, these organizations, along with Conference on Civil and Human Rights, other fundamental personal freedoms the Soros-backed American Bridge 21st a recipient of Ford’s largesse, as noted and human rights are all on the target list Century political action committee, all above. “The anniversary of Justice Ken- of progressive statists. It is not hyperbo- carried out a public relations campaign nedy’s swearing in is even more proof le to say that one new left-wing justice with a near identical theme. Each sent that the Senate can and should work on a could take a sledgehammer to the Bill of email blasts to supporters slamming the bipartisan basis to ensure a full bench on Rights. Pro-freedom votes of 5 to 4 on Senate Republicans as “obstructionists” the Supreme Court in 2016,” Henderson the Supreme Court could easily become for not quickly confirming Obama’s said in a statement. “Six justices have anti-freedom 5 to 4 votes. choice to replace Scalia. been confirmed during election years and Wiping out fundamental constitutional The Republicans replied that they thought to suggest otherwise is peddling fiction.” rights that actually appear in America’s it preferable not to consider a nomination “The work of the Supreme Court is too supreme law, and then replacing them during an election year and instead to al- important to the nation to allow a vacan- with newly invented rights based on iden- low the American people to help choose cy to go unfilled for an extended period tity politics that empower the government the next justice by deferring the next of time,” Henderson continued. “Senator over individuals has been the strategy of McConnell and those following his lead progressive statists for decades. These so- are taking obstruction to new heights of called group rights typically fall under the cynicism and are flirting with a consti- Editor: Matthew Vadum manufactured categories of “Economic tutional crisis of their own making. We Justice,” “Environmental Justice,” “Social Publisher: Scott Walter urge the Senate to look to the Constitu- Change” and various other notions of “fair- tion, to history, and to common sense and Foundation Watch ness.” is published by Capital Research work with President Obama to confirm a Center, a non-partisan education and justice in the months ahead.” Few organizations have done more to research organization, classified by fund this fundamental transformation than Henderson’s talking points are similar to the IRS as a 501(c)(3) public charity. the Ford Foundation. Now Ford and its what has been used by the White House far-left allies see an opportunity, and to Address: on the Merrick Garland nomination, re- 1513 16th Street, N.W. give them credit, they have been preparing peating the name of Anthony Kennedy Washington, DC 20036-1480 for just such a chance to carry out a mas- over and over again but leaving out im- sive overhaul of American society. For Phone: (202) 483-6900 portant contextual details. Long-Distance: (800) 459-3950 example, the Alliance for Justice, which But it is not a fair comparison. also received $1.825 million from George E-mail Address: [email protected] After Powell announced his retirement, Soros’s Open Society Institute, had al- Reagan’s first two proposed replace- ready established something called the Ju- Web Site: ments went down in flames in the face dicial Selection Project before Scalia died http://www.capitalresearch.org of Democratic opposition. Robert Bork, (NewsBusters, Discover the Networks). Organization Trends welcomes let- nominated July 1, 1987, 16 months be- The Alliance’s website states: “If you ters to the editor. fore the next election, was rejected by care about civil liberties, clean air, pri- Reprints are available for $2.50 pre- the Senate on Oct. 23 after one of the vacy, reproductive rights, social justice, paid to Capital Research Center. most bilious confirmation battles in the corporate accountability, equality, and 2 June 2016 FoundationWatch fairness, then you care about our federal ate, whose only constitutional responsi- lawyers that all was well. courts.” The site ignores the real threat bility with regards to judicial nominees And so Ford began large-scale left- faced by the country from overzealous, is to provide “advice and consent,” has wing advocacy through the courts. By unelected judges making law from the every right not to consent and has no ob- throwing lots of money around for le- bench by asserting that federal judges ligation to hold a hearing. gal projects and installing its toadies “protect” Americans from the persons Ford Goes to Court on nonprofit boards, Ford drove many who are actually accountable to voters. The Ford Foundation began pursuing the moderate Latino organizations to hard- “Every day, federal judges protect the goal of changing America’s legal land- left positions. Some of the most in- Constitution, place a check on overzeal- scape in the 1950s. So-called public in- fluential legal groups that Ford built ous legislatures, and help Americans terest law, wherein lawyers effectively almost single-handedly include the find justice,” the organization states. become lobbyists for the poor in court, Mexican American Legal Defense and “AFJ’s Judicial Selection Project moni- arose out of Ford’s efforts to overhaul Educational Fund (MALDEF), Nation- tors and assesses federal judicial nomi- law school curricula to promote social al Council of La Raza, and LatinoJus- nations to ensure our courts are staffed change. In the next two decades the foun- tice PRLDEF. While the Ford Founda- with highly-qualified judges that will dation put more money into “legal action tion has been focused on immigration safeguard the rights of all Americans … centers” at many law schools to promote and refugees since the 1950s, its pivot not just the privileged few.” the so-called rights revolution. Ford took to open borders took place in the late 1960s, just a few years after immigra- tion reform ushered in the age of chain As far back as the 1950s, Ford began migration.
Recommended publications
  • Building a More Inclusive Federal Judiciary
    GETTY WATSON IMAGES/JIM Building a More Inclusive Federal Judiciary By Danielle Root, Jake Faleschini, and Grace Oyenubi October 2019 WWW.AMERICANPROGRESS.ORG Building a More Inclusive Federal Judiciary By Danielle Root, Jake Faleschini, and Grace Oyenubi October 2019 Contents 1 Introduction and summary 4 Part I: The federal judiciary’s diversity problem 13 Part II: Diversity on the federal bench matters 22 Part III: Recommendations 40 Conclusion 41 About the authors and acknowledgements 42 Methodology 43 Endnotes Introduction and summary Federal judges wield immense power. Each day, they make decisions that affect people’s livelihoods, well-being, and fundamental rights. They serve as a check on the executive and legislative branches. This balanced system is designed to ensure that lawmakers and the president adhere to the United States’ constitution and established laws. Federal judges serve for life and therefore can determine the nation’s laws for generations. This is particularly true today as federal judges are serving longer terms.1 In order to function properly, however, the federal judiciary needs the public to trust that the institution and the decisions it renders are legitimate. Otherwise, judicial rulings would be virtually impossible to enforce. Instead of being the final arbitrator of the law, the judiciary would take on a mere advisory role. Many people—including legal scholars, judicial commentators, and legal practitio- ners—have raised concerns about the federal judiciary’s current legitimacy crisis. Members of the public increasingly perceive federal courts as unfair, particularly to underrepresented groups, and as entities that favor corporate interests over the public good. In particular, federal judges—especially Supreme Court justices—are increas- ingly viewed as political actors, while the courts are viewed as partisan institutions.
    [Show full text]
  • Trump and the Court Institute of Bill of Rights Law at the William & Mary Law School
    College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 2017 Section 2: Trump and the Court Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 2: Trump and the Court" (2017). Supreme Court Preview. 273. https://scholarship.law.wm.edu/preview/273 Copyright c 2017 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview II. Trump and the Court In This Section: “CONFIDENT AND ASSERTIVE, GORSUCH HURRIES TO MAKE HIS MARK” Adam Liptak ..................................................................................................................... 54 “JUSTICE NEIL GORSUCH LEANS CONSERVATIVE, FULFILLING EXPECTATIONS” Brent Kendall and Jess Bravin .......................................................................................... 57 “GORSUCH MAKES A MARK ON THE COURT” Sai Prakash and Jon Yoo................................................................................................... 60 “TRUMP’S LIFE-TENURED JUDICIAL AVATAR” Linda Greenhouse ............................................................................................................. 62 “GORSUCH JOINS THOMAS AS SUPREME COURT’S NEW CONSERVATIVE ANCHOR” Greg Stohr ......................................................................................................................... 67 “TRUMP:
    [Show full text]
  • The Federal Judicial Appointments Process Under Bill Clinton and George W
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Arkansas at Little Rock: UALR Bowen Law Repository The Journal of Appellate Practice and Process Volume 5 Issue 1 Article 2 2003 Confirmation Gridlock: The ederF al Judicial Appointments Process under Bill Clinton and George W. Bush John Anthony Maltese Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Judges Commons, Law and Politics Commons, Legal History Commons, and the President/Executive Department Commons Recommended Citation John Anthony Maltese, Confirmation Gridlock: The ederF al Judicial Appointments Process under Bill Clinton and George W. Bush, 5 J. APP. PRAC. & PROCESS 1 (2003). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol5/iss1/2 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS ESSAYS CONFIRMATION GRIDLOCK: THE FEDERAL JUDICIAL APPOINTMENTS PROCESS UNDER BILL CLINTON AND GEORGE W. BUSH John Anthony Maltese* One of the most important consequences of the 2002 midterm congressional election will be its effect on federal judicial appointments. With the same political party controlling the White House and the Senate for the first time in eight years, President George W. Bush should have an easier time securing Senate confirmation of his federal judges than he did during his first two years in office.' As of January 1, 2003, the president had sixty vacancies to fill on the federal bench, including * John Anthony Maltese is an associate professor of political science at the University of Georgia.
    [Show full text]
  • Advise & Consent
    The Los Angeles County Bar Association Appellate Courts Section Presents Advise & Consent: A Primer to the Federal Judicial Appointment Process Wednesday, October 28, 2020 Program - 12:00 - 1:30 PM Zoom Webinar CLE Credit: 1.5 Hours Credit (including Appellate Courts Specialization) Provider #36 The Los Angeles County Bar Association is a State Bar of California approved MCLE provider. The Los Angles County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California. PANELIST BIOS Judge Kenneth Lee (Ninth Circuit Court of Appeals) Kenneth Kiyul Lee is a judge on the U.S. Court of Appeals for the Ninth Circuit. The U.S. Senate confirmed him on May 15, 2019, making him the nation’s first Article III judge born in the Republic of Korea. Prior to his appointment, Judge Lee was a partner at the law firm of Jenner & Block in Los Angeles, where he handled a wide variety of complex litigation matters and had a robust pro bono practice. Judge Lee previously served as an Associate Counsel to President George W. Bush and as Special Counsel to Senator Arlen Specter, then-chair of the Senate Judiciary Committee. He started his legal career as an associate at Wachtell, Lipton, Rosen & Katz in New York. Judge Lee is a 2000 magna cum laude graduate of Harvard Law School and a 1997 summa cum laude graduate of Cornell University. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit from 2000 to 2001. Judge Leslie Southwick (Fifth Circuit Court of Appeals) Leslie Southwick was appointed to the U.S.
    [Show full text]
  • The Federal Judicial Vacancy Crisis: Origins and Solutions
    Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2012 The edeF ral Judicial Vacancy Crisis: Origins and Solutions Ryan Shaffer Claremont McKenna College Recommended Citation Shaffer, Ryan, "The eF deral Judicial Vacancy Crisis: Origins and Solutions" (2012). CMC Senior Theses. Paper 321. http://scholarship.claremont.edu/cmc_theses/321 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. CLAREMONT McKENNA COLLEGE THE FEDERAL JUDICIAL VACANCY CRISIS: ORIGINS AND SOLUTIONS SUBMITTED TO PROFESSOR JOHN J. PITNEY, JR. AND DEAN GREGORY HESS BY RYAN SHAFFER FOR SENIOR THESIS SPRING 2012 APRIL 23, 2012 TABLE OF CONTENTS INTRODUCTION: OBAMA’S VACANCY CRISIS . 1 I. THE FOUNDERS’ JUDICIARY . 6 II. JURISPRUDENCE FROM MARSHALL TO WARREN . 10 III. FORTAS AND NIXON . 23 IV. DRAWING THE BATTLE LINES . 32 V. ESCALATION: BUSH AND CLINTON . 41 VI. THE CONFLICT GOES NUCLEAR: BUSH AND OBAMA . 50 VII. FIXING ADVICE AND CONSENT . 60 CONCLUSION . 66 BIBLIOGRAPHY . 67 INTRODUCTION: OBAMA’S VACANCY CRISIS On January 20 th , 2009, Barack Obama’s first day in the White House, there were 55 vacancies in the federal judicial system. His first nomination, of David Hamilton for the Seventh Circuit, came only two months later; Hamilton did not win confirmation until November 19 th , 59-39, with only one Republican supporter. By September, the number of vacancies had jumped to 93; the administration had made 16 nominations, with no confirmations. For all of 2010, the number of judicial vacancies would remain above 100, of 874 authorized judgeships, and for more than half of those seats, the administration had not even submitted nominees.
    [Show full text]
  • 2013–14 Biennial Report Over the Years Table of Contents
    2013–14 BIENNIAL REPORT over the years TABLE OF CONTENTS Leadership and Staff ................................................................................................................................................2 Message from Chair of the Board and President ................................................................3 Who We Are ......................................................................................................................................................................4 Shaping Debate .............................................................................................................................................................6 Building Networks ....................................................................................................................................................10 Making a Difference ...............................................................................................................................................14 Supporters .........................................................................................................................................................................18 Financial Highlights ..............................................................................................................................................20 AMERICAN CONSTITUTION SOCIETY as of 11/17/2014 Board of d irectors staff David M. Brodsky, Brodsky ADR LLC, Chair, ACS Board Caroline Fredrickson, President Timothy W. Burns, Perkins Coie
    [Show full text]
  • Statement of Principles: the Biden Administration Must Prioritize Judges
    Statement of Principles: The Biden Administration Must Prioritize Judges After years of obstructing President Obama’s nominees, Senate Republicans have prioritized packing the courts with Trump’s ultraconservative and sometimes unqualified jurists. They have dismantled Senate rules and undermined norms to confirm over 200 judges to lifetime seats on the federal courts at a breakneck pace that will impact our laws for decades to come. Most recently, Republicans rammed onto the Court Amy Coney Barrett through an illegitimate and sham process, making our high court even more extreme. They have ensured a 6-3 conservative majority on the Supreme Court for the foreseeable future (after unprecedented abdication of their duty to consider Merrick Garland’s nomination), entrenched conservative majorities on key courts of appeals, and stacked the trial courts with their appointees. These judges have been predominantly white and male with demonstrated records favoring the wealthy and powerful over the rights of all of us. At the time of their confirmations, Trump’s nominees already had records posing a severe threat to the rights of women, workers, people of color, LGBTQ communities, immigrants, consumers, and the environment. Now on the bench, their rulings have more than justified our concerns. Trump-appointed justices have already rolled back hard-won rights and legal protections so critical to everyday Americans, while expanding the power of those at the top. Donald Trump and Senate Republicans have overwhelmingly shifted the balance of our courts. That is why the Biden administration must immediately and explicitly prioritize judicial appointments. For the sake of the rule of law, equal justice, essential rights, and critical legal protections, the Biden administration must repair the damage.
    [Show full text]
  • “Firsts” on the Bench NAPABA National Convention 2016
    Pearls of Wisdom from APA “Firsts” on the Bench NAPABA National Convention 2016 The number of Asian Pacific Americans (APA) serving as judges in the United States is disproportionate to the number of APAs in both the general population and the number of lawyers nationwide. For example, as recently as 10 years ago, only 6 out of the 877 active federal judges were APAs, constituting .8% of the federal judiciary. At that time, APAs constituted 2.3% of the nation’s over 870,000 lawyers. More recently, as of early 2016, there were 25 APA federal judges, including four at the Court of Appeals level. This constitutes 2.8% of the federal judiciary, but APAs now constitute approximately 4% of the nation’s estimated 1.1 million lawyers. With respect to the general population, U.S. census data reflects that APAs constituted 4.2% of the population in 2000 and 5.6% of the population in 2010. The rise in the numbers of APA judges is recent. Indeed, for more than 170 years after the founding of the federal judiciary (1789-1961), there were no APA judges in its ranks. Not until 1961 did President John F. Kennedy nominate the first APA judge (Hon. Cyrus Niles Tavares) to a federal court of jurisdiction, namely, the U.S. District Court for the District of Hawaii. It was another 35 years before an APA female was appointed to the federal bench, when President William J. Clinton appointed the Hon. Susan Oki Mollway to the U.S. District Court in Hawaii in 1998.
    [Show full text]
  • Download the Full Report
    Trump’s Attacks on Our Justice System: 2017 - 2019 1 Contents Executive Summary 3 President Trump’s Impact on the Courts 5 Trump’s Impact by the Numbers 12 Undermining Democracy: Siding with the Wealthy and Powerful Over Everyday Americans 15 Thwarting Public Protections for Health and Safety 15 Access to Affordable Health Care 17 Worker Protections 18 Environmental Protections 19 Gun Violence 19 Education 20 Consumer Rights 21 Eroding Civil Rights and Equality Protections 22 People of Color 22 Women’s Equality and Reproductive Justice 24 LGBTQ Equality 26 Persons with Disabilities 27 Immigrant Rights 29 Native American Rights 30 Undermining Our Democracy 31 Executive Power 33 Degrading of the Senate’s Advice and Consent Duty 35 Changing Senate Rules to Confirm Neil Gorsuch and Brett Kavanaugh 35 ALLIANCE FOR JUSTICE 2 Contents Sullying the Process to Confirm Kavanaugh 35 Changing Senate Rules and Norms to Confirm Lower Court Nominees 37 Hiding and Obscuring Key Data 39 Misleading the Senate 40 Hearings Stacked to Minimize Vetting 42 Condoning Nominees who Lack Basic Qualifications 42 Future Outlook 44 Progressives are Increasingly Galvanized 44 Progressives Will Be Ready On January 1, 2021 45 Progress Was Made on Supreme Court Ethics Reform 46 Appendix 47 Appendices current as of January 13, 2020. Updated appendices available on our website. Alliance for Justice is a national association of over 120 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. Since 1979, AFJ has been the leader in advocating for a fair and independent justice system, preserving access to the courts, and empowering others to stand up and fight for their causes.
    [Show full text]
  • March 31, 2011 the Honorable President Barack
    March 31, 2011 The Honorable President Barack Obama The Honorable Vice President Joseph Biden The White House The White House 1600 Pennsylvania Avenue NW 1600 Pennsylvania Avenue NW Washington, DC 20500 Washington, DC 20500 Dear President Obama and Vice President Biden: The undersigned organizations, on behalf of our millions of members and supporters, write today to express our strong opposition to inclusion of any policy riders in legislation that will fund government operations for Fiscal Year 2011. There have not been any hearings related to these extraordinarily far-reaching proposals. This back-door means of legislating does not allow for adequate debate about the merits of such sweeping policy changes, which deserve full deliberation by both chambers in the course of the normal legislative process. The House of Representatives' Continuing Resolution (H.R. 1), which was voted on one month ago, included vast cuts and erected obstructions to critical public health, worker safety, consumer, civil rights, and environmental programs. We urge you to adopt a strict policy of rejecting all such provisions in subsequent 2011 spending bills, rather than negotiating one harmful rider against another. We also have deep concerns about the level of the funding cuts, which we view as irresponsible and harmful. However, these damaging policy riders have no place in this budget legislation. Sincerely, 350.org Alaska Community Action on Toxics 9to5, National Association of Working Women Alaska Wilderness League Advocates for Youth Alliance for Justice
    [Show full text]
  • Nomination of Amy Coney Barrett Supreme Court of the United States Contents
    ALLIANCE FOR JUSTICE REPORT Nomination of Amy Coney Barrett Supreme Court of the United States Contents Introduction 1 Biography 3 Access to Quality Health Care 6 Reproductive Rights 7 Civil Rights 11 Workers’ Rights 16 Consumer Protections 16 Immigration 20 Gun Safety 23 Criminal Justice 23 Detainee Rights 29 Environment 29 Conclusion 30 ALLIANCE FOR JUSTICE Alliance for Justice Report: Amy Coney Barrett After a trailblazing career as both a lawyer and a jurist, on September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg passed away. Justice Ginsburg left a historic legacy. Because of her unrelentless fight to uphold our nation’s highest ideals and ensure equal rights for everyone, our nation is more just. On September 26, 2020, President Trump nominated Amy Coney Barrett to fill her seat. No Supreme Court justice in history has ever been confirmed later than July of an election year. Indeed, in 2016, Senate Republicans refused to even give Merrick Garland a hearing when Justice Scalia died nine months before election day, asserting that the American people should decide who should select his replacement. Yet, just over an hour after Ginsburg’s death was announced, Senator McConnell issued a statement stating that Trump’s chosen nominee would “receive a vote on the floor.” Despite the fact that tens of thousands of people had already cast their vote for the next president, Republican Senators quickly expressed support for moving forward, with a sham expedited process, to confirm the White House’s nominee to the Court—even without knowing who that nominee would be. After months of failing to address the health, economic, and racial justice crises rocking the nation, Republicans made clear that their real priority is advancing their ideological agenda through the courts at any cost rather than representing the will of the American people.
    [Show full text]
  • Confirming Circuit Judges in a Presidential Election Year Carl W
    University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2016 Confirming Circuit Judges in a Presidential Election Year Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation Carl Tobias, Confirming Circuit Judges in a Presidential Election Year, 84 Geo. Wash. L. Rev. Arguendo 160 (2016). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Confirming Circuit Judges in a Presidential Election Year Carl Tobias* ABSTRACT Over 2016, President Barack Obama tapped accomplished, mainstream candidates for seven of twelve federal appeals court vacancies. Nevertheless, the Senate Judiciary Committee has furnished a public hearing and vote for merely three nominees and did not conduct a hearing for any other prospect this year. 2016 concomitantly is a presidential election year in which appointments can be delayed and stopped—a conundrum that Justice Antonin Scalia’s Supreme Court vacancy exacerbates. Because appellate courts comprise tribunals of last resort for practically all cases and critically need each of their members to deliver justice, the appointments process merits scrutiny. The Essay first evaluates the records which nominees have previously assembled, President Obama’s judicial appointments process, and the appeals courts. It finds that the seven nominees are dynamic, consensus prospects.
    [Show full text]