Brett Kavanaugh | Le·gal In·sur·rec·tion - Part 16
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Posted by William A. Jacobson on July 05, 2018 36 Comments
As the July 9 date for Trump to announce his pick to replace Justice Anthony Kennedy nears, there is a vicious multi-front war evolving. Of course, Democrats are attacking every likely nominee, with the anti-Catholic bigotry against Amy Coney Barrett the most prominent. Barrett would be the most finger-in-the-liberals-eye pick, and not just because of her Catholicism. She has seven (7) children -- that is a provocation in the minds of liberal feminists and the people who love them that cannot be abided.

Posted by William A. Jacobson on July 02, 2018 88 Comments
Neil Gorsuch was an incredibly safe pick for Trump. Despite the plaintive wails of Democrats about a "stolen" seat, they didn't have much with which to go after Gorsuch on the merits. Nonetheless Democrats filibustered Gorsuch, forcing Republican's to play the nuclear option for a SCOTUS nominee (as Democrats did in 2013 for all lower courts and made clear they would do if Hillary won and they regained the Senate).

Posted by Jared Samilow on January 31, 2018 19 Comments
In October 2016, a conservative panel on the D.C. Circuit ruled, 2–1, that too much unilateral power was concentrated in the independent Director of the Consumer Financial Protection Bureau, unconstitutionally infringing upon the President's Article II executive powers. In February, the full D.C. Circuit agreed to en banc rehearing of this case—entitled PHH Corporation v. CFPB—meaning that all 11 active judges would decide the case from scratch.

Posted by William A. Jacobson on November 17, 2017 21 Comments
I noted yesterday that Chuck Grassley finally appears ready to clear the backlog in Judiciary Committee hearings on Appeals and District court judicial nominees, by preventing withholding of "blue slips" from becoming de facto filibusters, Chuck Grassley rips up “blue slip” stall, Al Franken left groping for alternative delay tactic. It then will be up to Mitch McConnell to get nominees floor votes, and to overcome Democrat stalling tactics to draw out each nominee, even the ones they don't oppose. The goal has to be:

Posted by Mary Chastain on May 01, 2017 19 Comments
On early Monday morning, the U.S. Appeals Court decided not to rehear a challenge to its decision to uphold the net neutrality rules, known as Title II, from former President Barack Obama. Its decision comes right after FCC Chairman Ajit Pai made it known he will continue with his plan to roll back these net neutrality rules. Obama's rules do not allow broadband users to slow or block "rivals' content." Netflix and Apple enjoy Obama's rules, but AT&T, Verizon, and Comcast cannot stand them because those companies want "to slow or even block the transmission of disfavored content."

Posted by William A. Jacobson on November 08, 2011 19 Comments

The opinion isn't on the court website yet, but here's how The Wall Street Journal describes it: A federal appeals court in Washington ruled Tuesday that last year's federal health-care overhaul is constitutional, handing the Obama administration another legal victory ahead of the Supreme Court's likely...