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03.22.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.21.17

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


03.14.17

Seema Verma: The Health Care Reformer America Needs

Her Deep Knowledge And Experience With Health Care, Especially With Medicaid, Makes Her 'The Ideal Candidate' To Oversee Reform "The Senate on Monday confirmed Seema Verma, a health policy expert from Indiana… By a vote of 55 to 43, the Senate approved the nomination of Ms. Verma to be the administrator of the Centers for Medicare and Medicaid Services, which spends more than $1 trillion a year on programs providing health care to more than one-third of all Americans." ("Health Policy Ex… Continue Reading


03.10.17

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


03.09.17

‘There Is No Principled Reason To Vote Against Gorsuch’

'Liberals Should Welcome A Nominee Like Gorsuch - Who Is Honest, Principled And Committed To Safeguarding The Rule Of Law' DAVID C. FREDERICK, Board Member, Liberal American Constitution Society & Partner Kellogg, Hansen, Todd, Figel & Frederick Who Specializes In Supreme Court Practice: "As a longtime supporter of Democratic candidates and progressive causes… [Judge Neil] Gorsuch - my former law partner and longtime friend - is brilliant, diligent, open-minded and thoughtful. He… Continue Reading


03.06.17

‘The American People Deserve A Functioning Government’

Flashback - SEN. SCHUMER: 'Who In America Doesn't Think A President, Democrat Or Republican, Deserves His Or Her Picks For Who Should Run The Agencies? Nobody' SEN. MITCH McCONNELL (R-KY): "Look, we all get it. Democrats are having a tough time coming to grips with the election results. They wish it had turned out differently. I understand their disappointment. I know their base is rioting against reality. I know the far left is demanding obstructionist tactics at any cost. I realize that Leade… Continue Reading


03.01.17

Seema Verma: ‘A Superb Choice’ To Lead CMS

'Seema Verma Has First-Hand Knowledge Of Health Policy Solutions Because She Has Helped Accomplish Meaningful Reforms' SENATE FINANCE COMMITTEE CHAIRMAN ORRIN HATCH (R-UT): "Over the last eight years, American middle-class families have struggled to find affordable care under Obamacare, making a repeal and replacement of the law a top priority for the new Republican Congress and administration. Through her solid health policy background, Seema [Verma] will play a significant role in that effo… Continue Reading


02.16.17

Judge Gorsuch ‘Honest, Principled And Committed To Safeguarding The Rule Of Law’

FORMER CLERKS: 'If Confirmed, We Are Confident That Judge Gorsuch's Independence … Will Never Waver' JUDGE GORSUCH'S LAW CLERKS WEIGH IN 39 JUDGE GORSUCH LAW CLERKS: 'Our Political Views Span The Spectrum… But We Are United In Our View That Judge Gorsuch Is An Extraordinary Judge' 39 JUDGE GORSUCH LAW CLERKS: "Each of us has had the privilege of serving as a law clerk to Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. We came to his chambers from si… Continue Reading


02.13.17

Andy Puzder: A ‘Labor Secretary Who Actually Knows What It Is Like To Have Worked Behind A Counter’

Employees Praise Puzder's 'Employee-Centered' Philosophy Which Provides Opportunities And 'Flexibility,' 'It's An Awesome Place To Work' Puzder Is Credited With Turning Around Carl's Jr. And Hardee's, Allowing The Company To Now Employ Over 75,000 American Employees "Andy Puzder was raised in a working class community in Cleveland, Ohio. Andy's father took a job selling cars after returning from WWII where he served in the U.S. Army in Europe. Andy's mother was one of 9 children and earned h… Continue Reading


02.06.17

Cabinet Confirmations The Slowest Since George Washington

'Democrats … Are Slow-Walking The Installation Of Trump's Cabinet To A Historic Degree' SEN. MITCH McCONNELL (R-KY): "Look, we all get it. Democrats are having a tough time coming to grips with the election results. They wish it had turned out differently. I understand their disappointment. I know their base is rioting against reality. I know the far left is demanding obstructionist tactics at any cost. I realize that Leader Schumer in particular is under immense pressure from the radic… Continue Reading


02.06.17

Editorial Boards Laud Judge Gorsuch As ‘A Masterful Pick’

Newspapers Across The Country Praise Judge Gorsuch As 'A Defender Of Liberty And Justice' From The Heartland, 'Resoundingly Traditional, [And] Eminently Qualified' COLORADO NEWSPAPERS: Judge Gorsuch 'Is A Brilliant Legal Mind And Talented Writer'; President 'Trump Could Not Have Made A Better Supreme Court Appointment Than Gorsuch' THE DENVER POST: "Happily add us to those excited to see Colorado native Neil Gorsuch nominated to the U.S. Supreme Court. Among those President Donald Trump co… Continue Reading


02.03.17

‘Liberal Base Apoplectic … Demanding Opposition At Any Cost’

'The Fight Over Trump's Cabinet Is Notable (If Not Unique) For Political Reasons: Mainly, That It's So Damn Politicized' "Voters from the liberal base apoplectic over Trump's presidency are demanding opposition at any cost." ("Democrats In A Vise Over Trump's Supreme Court Pick," AP, 2/2/17) "Democrats' only option to oppose Trump and his conservative Cabinet is to delay the inevitable. This week, it's clear that's exactly what they've decided to do. They've asked some nominees back for more q… Continue Reading


01.31.17

Democrats, Do Your Job

Dems Continued 'Failure To Accept The Election Defeat' Leads To Boycott Of Senate Finance Committee SEN. ORRIN HATCH (R-UT): "I don't want to hear anything more from Democrats to 'do our jobs.' They're not here. We are." (Twitter, @SenOrrinHatch, 1/31/17) "The progressive Donald Trump doomsday clock is still at a minute to midnight even as the President-elect has named a string of mainstream cabinet nominees, and Senate Democrats are signaling that they plan to fight nearly all of them. They… Continue Reading

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