Trump, the Rule of Law, and Normalization

Even incredibly abnormal Presidents are Presidents.

Joe Manchin’s Weird Filibuster Defense

It doesn’t work like the movies, Senator.

President Joe Biden signs two executive orders on healthcare Thursday, Jan. 28, 2021, in the Oval Office of the White House. President Joe Biden signs two executive orders on healthcare Thursday, Jan. 28, 2021, in the Oval Office of the White House.

Biden’s Slow Appointment Process

Key posts across the government remain unfilled.

Most January 6 Rioters Won’t Go to Jail

Judges are pressuring prosecutors to strike deals, most of which will be for misdemeanors.

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Merrick Garland Ready to Take on Domestic Extremists

The man most famous for getting screwed out of a Supreme Court seat has a more interesting backstory.

Competing Visions For a Biden Presidency

Will he be a uniter or a divider?

They Had the Votes

Disconnected representation in action.

Susan Collins’ Meaningless ‘No’ on Barrett

A desperate re-election gambit that has no impact on the outcome.

Judiciary Approves Barrett Despite Democratic Boycott

Chuck Schumer and company sent a signal to their base against a fait accompli.

Biden Open to SCOTUS Expansion

After weeks of evasion, the frontrunner hints at a compromise policy.

Hypocrisy on SCOTUS Confirmations?

An unconvincing attack on the Democratic position.

Amy Coney Barrett Nomination Coming Today

Multiple reports have the Notre Dame graduate replacing Ruth Bader Ginsburg.

A Court-Packing Plan I Could Support

A Solomonic solution from the commentariat.

Is the American Government Legitimate?

A long-winded and esoteric discussion about an elusive idea.

Ginsburg, Garland, and Court Packing

Two related discussions.

Trump’s Acquittal and American Democracy

Has this precedent permanently damaged the country? Or is it just politics as usual?

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Trump Has Already Fixed His Impeachment Trial In The Senate

The trial phase of the Trump impeachment is set to be an absolute partisan joke.

You Bet Republicans Would Break The “Garland Rule” To Fill A SCOTUS Seat

Anyone who doubts that Republicans would fill a Supreme Court vacancy in 2020 is being incredibly naive.

This is What Support for Authoritarianism Looks Like

Rich Lowry puts preferred outcomes over constitutional process.

Conservatism without Originalism

A defense of a modest philosophy of judicial interpretation.

While Democrats Debate, Republicans Push Forward On Judges

While Democrats debated among themselves about health care plans that will likely never become law, Republicans were pushing forward with judicial confirmations.

RBG Speaks Out Against Court Packing Schemes

Ruth Bader Ginsburg isn’t very impressed by the proposals made by several liberal politicians lately to increase the size of the Supreme Court to counterbalance the conservative tilt created by the Gorsuch and Kavanaugh confirmations.

Joe Biden Says He’d Consider Appointing Merrick Garland To SCOTUS. No, He Won’t.

Joe Biden recently said that he’d consider nominating Merrick Garland again if there were a Supreme Court vacancy while he was President. Don’t count on it.

Gorsuch Confounding Expectations

President Trump’s first Supreme Court appointment has joined the liberal bloc on several cases.

McConnell Says Senate Would Fill SCOTUS Vacancy In 2020

Mitch McConnell has had an unsurprising change of heart on the issue of Senate consideration of Supreme Court nominees in a Presidential election year.

McConnell Would Fill Court Vacancy in 2020

Hypocritical? Sure. Surprising? No.

Louisana’s Democratic Governor to Sign Abortion Ban

Jon Bel Edwards is a reminder that our divide is cultural, not just partisan.

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The Do Nothing Senate

Other than confirming a lot of Trump Judges, the Senate has not been getting much work done so far this year.

Reforming the Supreme Court

A novel proposal for making SCOTUS appointments more responsive to election outcomes.

Packing the Courts with Young Judges

The Senate yesterday confirmed a 37-year-old to a lifetime Court of Appeals seat.

Another Possible Supreme Court Retirement?

Supreme Court watcher Jeffrey Toobin speculates that Clarence Thomas could be the next Supreme Court Justice to step aside.

Politics is not about Willpower

Math rules.

Chuck Grassley Says He Wouldn’t Consider SCOTUS Nominee In 2020

Senate Judiciary Committee Chairman Chuck Grassley says he would not consider a Supreme Court nominee in 2020. But does he really mean it?

Of Course Mitch McConnell Would Allow a Vote on a Trump Nominee

The Merrick Garland precedent is power politics, nothing more.

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Cold Civil War or Civil Cold War?

The Kavanaugh fight is just another indicator of our national divide.

White House Has No ‘Plan B’ If Kavanaugh Nomination Fails

The GOP has no alternative but to push forward with the Kavanaugh nomination, because they don’t have a viable alternative at this point.

Is the Federalist Society Nefarious?

By popular demand . . .

Kavanaugh and Gorsuch Yearbooks

A telling contrast of two Georgetown Prep schoolmates.

Brett Kavanaugh Takes Refuge In The Friendly Confines Of Fox News Channel

In what appears to be a first, Judge Brett Kavanaugh took to the media to defend his nomination. Not surprisingly, he chose a friendly venue.

Job Interviews and Criminal Accusations

Why a much-cited analogy in the Brett Kavanaugh controversy is problematic.

Historical Perspective on SCOTUS Nominations

Despite what seems to be the prevailing mythos, most nominations fights are nothing like the current one.

My Bottom Line on the Kavanaugh Situation

My last post on this subject for the weekend (I think).

Kavanaugh Nomination At An Impasse Over Hearing On Sexual Assault Charges

The status of Judge Brett Kavanaugh’s confirmation remains up in the air, as does the question of whether or not Christine Blasey Ford will appear for a hearing on Monday morning.

Sunstein’s Muddled Take on Kavanaugh

I’m not the only one confused on what to do about the allegations against President Trump’s nominee to replace Anthony Kennedy.

No Questions (Or Answers), But Plenty Of Fireworks At Kavanaugh Hearing

The first day of the Kavanaugh confirmation hearings was much ado about pretty much nothing, but then that can be used to describe a process whose outcome is pretty much foreordained.

Should Kavanaugh Confirmation Wait for the Midterms?

Tom Nichols argues it should. I disagree.

Ruth Bader Ginsburg Not Going Anywhere

Justice Ruth Bader Ginsburg says she’d like to stay on the Court at least until she turns 90, but it’s unlikely she’ll go anywhere voluntarily as long as Donald Trump is President.

Early Polling Finds Public Lukewarm On Kavanaugh Nomination

Initial polling on Brett Kavanaugh’s nomination to the Supreme Court find the public more divided than they have been for other recent SCOTUS picks, but that’s unlikely to impact the fate of his nomination.

The Most Normal Thing about the Trump Administration

In one area (with an important caveat) this has been a pretty normal administration.