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opinion
What the Confirmation Hearing Told Us About Judge Jackson’s Judicial Philosophy
“I do not have a judicial philosophy, per se,” Judge Ketanji Brown Jackson told the Senate Judiciary Committee last year. This week, the committee held its hearing on her nomination to replace Supreme Court Justice Stephen Breyer, and identifying her judicial philosophy and measuring it against how America’s Founders designed the judiciary is necessary for… -
opinion
A Look at Ketanji Brown Jackson’s Most Noteworthy Judicial Decisions
On March 21, Judge Ketanji Brown Jackson’s Supreme Court confirmation hearing will begin. Senators will be scrutinizing her past judicial opinions on critical issues from labor law to illegal immigration to presidential claims of executive privilege. This brief overview of several of those key opinions provides some insight into her general approach to resolving legal… -
opinion
What Senators Must Ask Supreme Court Nominee Ketanji Brown Jackson About Her Record, Judicial Philosophy
President Joe Biden has nominated U.S. Circuit Court Judge Ketanji Brown Jackson to replace retiring Supreme Court Justice Stephen Breyer. Who is Jackson? What is her judicial philosophy? And how should senators evaluate her nomination? Here’s what you need to know. Jackson’s rulings and previous comments offer clues as to why Biden nominated her to… -
news
Judicial Philosophies Not Same as Political Parties, Justice Barrett Argues
Supreme Court Justice Amy Coney Barrett, saying she worries that the court increasingly is being portrayed to the public as a partisan institution, emphasized that justices must be “hyper-vigilant” that they don't let personal biases affect their work. “My goal today is to convince you that this court is not comprised of a bunch of… -
opinion
Remembering and Appreciating Donald Kagan, Yale Professor, Scholar, and Mentor
Donald Kagan, who taught history and classics at Yale University, and was widely revered as one of the university’s finest teachers and the nation’s greatest scholars, died on Aug. 6. Kagan was the author of many books, and had a wide influence on the understanding of history and hence on the making of U.S. foreign… -
opinion
How ‘Court Packing’ Would Damage Both the Judicial and Legislative Branches
The concept of “court packing” has received a lot of attention recently, and rightly so. That radical move—which Democrats rejected in the 1930s—would permanently damage the independence and impartiality of the judiciary. But it’s even worse than that. The steps necessary to achieve that goal would also permanently weaken the legislative branch. America’s Founders applied… -
opinion
Injunction Against Postal Reforms Is Biased Judicial Overreach
U.S. District Court Judge Stanley Bastian last week issued a nationwide injunction preventing the U.S. Postal Service from implementing reforms to its inefficient and wasteful procedures, which will affect postal operations across the country. The Sept. 17 ruling is the latest in a string of factually challenged attacks on Postmaster General Louis DeJoy. Bastian (who… -
opinion
Judicial Council Rightly Rebukes Judge Lynn Adelman for Law Review Diatribe
Federal district court Judge Lynn Adelman had a terrible, horrible, no good, very bad day late last month when the Judicial Council of the 7th U.S. Circuit Court of Appeals decided to publicly admonish him for his intemperate 35-page article, “The Roberts Court’s Assault on Democracy,” which personally attacked Chief Justice John Roberts, President Donald… -
opinion
Costa Rica Legalizes Same-Sex Marriage Via Judicial Activism
Headlines like a recent one in the New York Post said, “Costa Rica latest country to legalize same-sex marriage.” But it wasn’t really Costa Ricans who made it happen. Instead, Costa Rica became—like the United States five years ago—the victim of a multilayer attack of judicial activism. In an interview with the Family Research Council, Jose L…. -
opinion
Liberals Try to Use COVID-19 Crisis to Halt Judicial Confirmations
The Senate got back to business Monday and, while the coronavirus is still the 800-pound gorilla, senators will also attend to other aspects of the nation’s business. That includes the federal judiciary. Vacancies on life-tenured federal courts around the country are on the rise again, reversing a yearlong downward trend. >>> When can America reopen?… -
news
Kamala Harris, Advocacy Groups Push to Suspend Judicial Confirmations During Impeachment Trial
Sen. Kamala Harris, D-Calif., and a coalition of left-wing advocacy groups are pressing Senate Republicans to suspend consideration of judicial nominations during President Donald Trump’s impeachment trial. Harris, who sits on the Senate Judiciary Committee, said it would be “wholly inappropriate” to confirm judges while the Senate considers whether Trump should be removed from office. “The president… -
news
Trump Judicial Adviser Teams Up With Conservative PR Executive in New Initiative
One of the leading voices behind President Donald Trump’s drive to appoint originalist judges to the federal courts is teaming up with an influential public relations executive in the Washington area to launch a new project. Leonard Leo is leaving his post running the Federalist Society, a network of conservatives lawyers, and is partnering with… -
news
Trump Judicial Nominee Is Moved to Tears After a Liberal Interest Group Accuses Him of Bigotry
Lawrence VanDyke, one of President Donald Trump’s nominees for the 9th U.S. Circuit Court of Appeals, was overcome with emotion before the Senate Judiciary Committee on Wednesday as he defended himself against charges that he would treat LGBT litigants unfairly. The American Bar Association issued a scathing review of VanDyke’s nomination on the eve of… -
opinion
Senators Should Ignore Liberal Lawyers Group When Evaluating Judicial Nominees
The American Bar Association’s ratings used to be—as Democratic Sens. Patrick Leahy of Vermont and Charles Schumer of New York have often told us—the “gold standard” for evaluating judicial nominees. Now, they’re just fool’s gold. The American Bar Association has given a “not qualified” rating to nine of President Donald Trump’s 211 judicial nominees. Trump… -
news
Democrats Try to Tie Trump Judicial Nominee to Impeachment Inquiry
Democrats on the Senate Judiciary Committee are pressing a judicial nominee about his possible connection to President Donald Trump’s July phone call with Ukrainian President Volodymyr Zelenskyy, at the center of an impeachment inquiry. The nominee, Steven Menashi, is a White House lawyer and nominee for the 2nd U.S. Circuit Court of Appeals. Democrats asked… -
news
Justice Elena Kagan Has a Message for Those Who Worry Supreme Court Is Becoming Too Partisan
Justice Elena Kagan said Monday night that concerns about the politicization of the Supreme Court are “overblown," pushing back against suggestions that the court’s increasingly conservative makeup will strain public confidence in the judiciary. Kagan told law students at the University of California, Berkeley, not to despair over current conditions, even as she agreed the… -
news
Judicial Confirmations Became Political Because Judges Became Political, Experts Say
The confirmation process for Supreme Court justices has deteriorated because the process has become about politics, legal experts say. “I think unfortunately we’ve reached a new low,” Carrie Severino, chief counsel and policy director for the Judicial Crisis Network, said Monday as part of a “Preserve the Constitution” panel discussion at The Heritage Foundation. Part… -
opinion
The Media’s Latest Smear of a Trump Judicial Nominee
Left-wing opponents of an impartial and independent judiciary have picked another target: appeals court nominee Steven Menashi. It’s one thing to be honest about a nominee’s record, but disagree about whether he belongs on the bench. The attacks begun on Menashi, however, amount to nothing more than dishonest smears. Menashi, whose Jewish family came to… -
opinion
The Senate Ups Judicial Confirmations Despite Democrats’ Obstruction
The Senate adjourned for the August recess last week, but not before confirming another 13 judges to the U.S. District Court. Now is a good time to evaluate what the Senate has accomplished with respect to President Donald Trump’s judicial nominees. The Heritage Foundation’s Judicial Appointment Tracker shows some of the good news, as well… -
news
Fact Check: Does Trump Have the Most Successful Judicial Nomination Record Since George Washington?
President Donald Trump has had what many would consider a successful record on judicial appointments—and has repeatedly cast that success in historical terms. “We have many appeals court judges—many—that we’ll have appointed. The courts are a whole different thing,” Trump told a largely teenage audience gathered Tuesday in Washington, before giving them a quiz. “I…
