ConfirmThem

Posted at 7:32am on Sep. 14, 2009 Open Thread

By AndrewHyman

I just re-wrote the blurb at the top right of the page ("ABOUT CONFIRMTHEM").

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Posted at 12:03pm on Aug. 26, 2009 Open Thread

By AndrewHyman

Looks like this site was down for several days, but is back up now.

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Posted at 11:58am on Aug. 26, 2009 Remembering Eunice Kennedy Shriver and Ted Kennedy

By AndrewHyman

Ted Kennedy was a champion of civil rights for minorities, for which he generally deserves praise. He fought hard against both real injustice as well as perceived injustice, and (alas) supported unlimited use of judicial means to achieve policy ends. Both Ted and his sister Eunice carried on the inspirational and progressive legacy of their brothers John and Robert, who they now join.

Eunice Kennedy was a great champion for the disabled, and also for the unborn. While she had great success defending the former --- not so much the latter. In fact, judges deemed her traditional pro-life position so horrible that they forbade legislators from even voting for it. Sometimes the good die young, and sometimes they live to be old and accomplished, like Eunice.

The old song asks, "Didn't they try to find some good for you and me?" Eunice and Teddy did in their own different ways, and now they're walking up over the hill.

UPDATE: I would have much preferred that Eunice instead of Ted had been U.S. Senator from Massachusetts, for the reasons alluded to above, and also for reasons explained by Mark Steyn.

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Posted at 11:42pm on Jul. 31, 2009 Yet Another Sotomayor Open Thread :-)

By AndrewHyman

Various GOP Senators have announced how they will vote on the Sotomayor nomination, and you can read their reasons: Alexander, Bennett, Brownback, Bunning, Burr, Chambliss, Coburn, Cochran, Collins, Corker, Cornyn, Crapo, DeMint, Graham, Grassley, Hatch, Inhofe, Isakson, Johanns, Kyl, Lugar, Martinez, McConnell, Snowe, Thune, Vitter, and Wicker.

By the way, last month I filed my very first brief in the U.S. Supreme Court.

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Posted at 7:55pm on Jul. 24, 2009 Sotomayor Open Thread

By AndrewHyman

Here's a new comment thread, i.e. some virtual real estate for you to develop. :-)

Do you think Senator Hatch is right? News reports say: "For the first time in his 33-year Senate career, Utah Sen. Orrin Hatch will vote against a Supreme Court nominee."

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Posted at 5:29pm on Jun. 22, 2008 Open Thread!

By AndrewHyman

Sorry I haven't been starting open threads as regularly as I used to. Here's a quote from George Washington from May 14, 1787 as he opened the constitutional convention in Philadelphia:

If to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work? Let us raise a standard to which the wise and honest can repair; the event is in the hand of God.

That last sentence can be found atop the arch in Washington Square, in New York City. So, in honor of George Washington and the standard he raised, here's an old song that was a top-ten hit in 1963, called "Washington Square" from the Village Stompers:

Have a great week!

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Posted at 9:17pm on Apr. 18, 2008 Weekend Open Thread

By AndrewHyman

Have a great Saturday and Sunday. And don't miss Courting Disaster by Jonah Goldberg.

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Posted at 1:24pm on Apr. 12, 2008 Weekend Open Thread

By AndrewHyman

Ed Whelan recently spoke at Harvard about the judicial nomination and confirmation process, and you can click here for a news report about it. Following is a brief excerpt, but read the whole news report:

"McCain knows judges shouldn't be legislating," Whelan said. "He understands their proper role. Also, he's a fighter. If the Democrats filibuster, he will keep fighting and make the case for the nominee and inflict political pressure."

If Democrats do take the presidency in the upcoming election, Whelan said that Republicans will be faced with three options. "We can (1) roll over and play dead, (2) fight to the death and filibuster, or (3) make the case why the person is a good or bad nominee, and then vote up or down and move on," Whelan said. "I would advocate for choice three."

I would also advocate for choice three.

Hat Tip:Bobo.

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Posted at 9:30pm on Mar. 28, 2008 Weekend Open Thread

By AndrewHyman

Here's one of those horrible "originalist" judges, irretrievably stuck in the past. I hope you get a laugh out of it. The judge is portrayed by Rowan Atkinson, from the British TV series "Not the Nine O'Clock News."

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Posted at 12:01am on Jan. 5, 2008 Weekend Open Thread

By AndrewHyman

Patterico has written a good review of the recent autobiography by Justice Thomas.

A former deputy attorney general of Colorado has this advice about the presidential campaign: "Back whomever you like until the Republicans choose a nominee, but if that nominee is Rudy Giuliani, back him wholeheartedly."

And here's a quote from the Los Angeles Times: "Some court watchers believe that Justice John Paul Stevens may retire next year." That was from May 14, 1994.

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Posted at 1:38pm on Dec. 12, 2007 Open Thread

By AndrewHyman

There's a good editorial in the Washington Post about judicial pay.

Also, if you don't know who Wayne Dumond is, the Power Line blog will tell you.

UPDATE: According to the Washington Post, the Senate majority may attempt to block recess appointments during the holidays. (Hat tip: Bobo.) I previously blogged about this issue a couple weeks ago at Confirmthem.

UPDATE #2: Bork endorses Romney.

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Posted at 12:21pm on Dec. 2, 2007 Weekend Open Thread

By AndrewHyman

Some weekend reading:

"A Little Less Conversation; The wrong-headed movement to force judicial nominees to open up more in Senate confirmation hearings," by Benjamin Wittes in the New Republic.

"Confirmation Controversy" by the Daily News Record (regarding Rosenstein nomination).

Hat Tip: How Appealing.

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Posted at 12:00am on Oct. 27, 2007 Weekend Open Thread

By AndrewHyman

It's open season in the comment thread (for the most part).

In the news, DC Circuit Judge Brett Kavanaugh gave a speech this week in Arkansas at the Clinton School of Public Service. See "Judicial confirmation process 'broken,' federal appeals judge says" (October 26, 2007). Kavanaugh thinks this would be a good time for Congress to set some time limits on the confirmation process.

Also, perhaps you'll agree that Linda Greenhouse wrote an interesting and excellent article in the New York Times last month titled "New Focus on the Effects of Life Tenure" (September 10, 2007). Greenhouse observed:

Between 1789 and 1970, according to statistics in an article by Profs. Steven G. Calabresi and James Lindgren of Northwestern University Law School, Supreme Court justices served an average of just under 15 years, with vacancies on the court occurring about once every 2 years. Since 1970, justices have served nearly twice as long, more than 26 years, with the average interval between vacancies stretching to more than 3 years. (Life tenure today, of course, has a dimension that would surprise the Constitution’s framers; since 1900, the average life expectancy, now 77 years, has increased by 30 years.)

I would strongly support a statute to counteract this trend, although I'm more concerned about longer-serving associate justices than longer-serving chief justices (the chiefs have always stayed for a very long time).

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Posted at 1:20am on Oct. 15, 2007 Open Thread

By AndrewHyman

We haven't had one of these open threads in a while.

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Posted at 7:18pm on Sep. 15, 2007 Weekend Open Thread

By AndrewHyman

Okay, the weekend is already half over, but better late than never with the open thread, right? In preparation for the next Supreme Court vacancy, ConfirmThem is desperately trying to persuade Chris Crocker to join our blogging team. If anyone knows Mr. Crocker personally, please say so in the comments.

P.S. On a serious note, the Senate is scheduled to vote Tuesday on a blatantly unconstitutional bill to give Washington D.C. voting representation in the House of Representatives. I previously blogged about this train wreck. The legitimate way for Congress to give more voting power to D.C. citizens would be to make D.C. a state, or retrocede part of D.C. to Maryland, or pass a constitutional amendment. Instead, they're trying an illegal gimmick. Interestingly, Senator Bennett of Utah is now saying that he wants to modify the legislation so that it will automatically become void "if the U.S. Supreme Court rules the District of Columbia must get Senate seats as well."

UPDATE: The bill did not succeed in the Senate.

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Posted at 3:04am on Sep. 8, 2007 Weekend Open Thread

By AndrewHyman

Rudy Giuliani said on Friday that illegal immigration is not a crime, and that it shouldn't be a crime. He's mistaken on both counts, and I provide details here. For more info about Rudy and the law, I previously wrote another blog post at confirmthem a few months ago. Giuliani is not inspiring a lot of confidence in his ability to nominate judges who will stick carefully to the law, IMHO.

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Posted at 1:12am on Sep. 1, 2007 Weekend Open Thread

By AndrewHyman

Not much happening with judicial confirmations right now. The U.S. Senate comes back from August vacation on Tuesday. In the meantime, how about some music?

Russian composer Vasily Solovyov-Sedoy wrote this song in 1955, and the British jazz group "Kenny Ball and his Jazzmen" took it to #2 in the U.S. back in 1962. Enjoy "Midnight in Moscow"....

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Posted at 11:11am on Aug. 27, 2007 Open Thread

By AndrewHyman

Attorney General Alberto Gonzales has resigned.

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Posted at 2:32pm on Aug. 18, 2007 Open Thread

By AndrewHyman

This is an open thread.

How do you think Hillary R. Clinton will vote on the Southwick nomination? (Hint below the fold.)

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Posted at 1:53am on Aug. 5, 2007 Open Thread

By AndrewHyman

Here's a funny panda video. Nothing much about judicial nominations to report right now.

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Posted at 9:36pm on Jul. 27, 2007 Weekend Open Thread

By AndrewHyman

Senator Chuck Schumer, the senior Senator from New York, is saying that, "We should reverse the presumption of confirmation." Hmm. Would that be the presumption that led Schumer to filibuster Justice Alito? Or the presumption that led Schumer to vote against confirming Justice Alito? Or the presumption that led Schumer to vote to reject Chief Justice Roberts? I agree with Schumer that he should reverse his presumption about confirmation.

UPDATE: Jonathan Adler thinks that Schumer's strategy could lead to more recess appointments.

UPDATE #2: Captain's Quarters and Michelle Malkin comment about Senator Schumer's statement.

Hat Tips: cubsfan and evanm85.

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Posted at 2:07pm on Jun. 30, 2007 Weekend Open Thread

By AndrewHyman

Here's an opportunity to let your voice be heard. Please try to filter what you write, because probably no one else will. :-)

Have a great weekend.

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Posted at 12:57pm on Jun. 16, 2007 Quote of the Day and Open Thread

By AndrewHyman

The following quote is from the famous funeral oration of the Athenian leader Pericles, delivered in 430 B.C. He was discussing what "equal justice" means:

It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit.

This is an open thread.

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Posted at 3:33pm on Jun. 1, 2007 Weekend Open Thread

By AndrewHyman

Hey, it's never too early to start the weekend. :)

UPDATE: And this news item by Jan Crawford Greenburg ought to give us some grist for our mill.... "EXCLUSIVE: Women, Minorities Top Bush's Supreme Court Short List; White House Prepares for Possible Vacancy as Court Nears Summer Break." According to this article, no retirement is expected, but the White House wants to be ready just in case. On the short list: Priscilla Owen, Janice Rogers Brown, Diane Sykes, Edith Brown Clement, Loretta Preska, and Raoul Cantero. If we're going to consider factors like race and gender, then perhaps religion should also be considered (there are five Catholics on the Court, two Jews, and two Protestants). Anyway, here are some links regarding all of these short-listers, and a few others.

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Posted at 2:16pm on May 31, 2007 Open Thread

By AndrewHyman

Anyone want to say anything?

A confirmthem blogger whom you may remember ("Feddie") was on Hardball last night. Video here. He did a very respectable job, I thought.

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Posted at 9:46am on May 27, 2007 Open Thread

By AndrewHyman

By popular demand. :)

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Posted at 11:44am on May 7, 2007 Open Thread

By AndrewHyman

Any thoughts?

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Posted at 10:20pm on May 1, 2007 Open Thread

By AndrewHyman

It's already May!

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Posted at 12:52pm on Apr. 17, 2007 Open Thread

By AndrewHyman

Sympathies to the Blacksburg shooting victims and their families.

It appears that the gunman bought a Glock pistol even though he had been taking mind-altering drugs for depression, which seems like inadequate regulation of gun sales to me (and maybe inadequate regulation of mind-altering drugs). It also looks like the school administration went wrong by failing to tell students about the first of the two shooting sprees. Probably lots of lessons to be learned here, as more facts become available.

P.S. Eric Harris, of Columbine fame, had also been taking mind-altering drugs.

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Posted at 9:36pm on Mar. 24, 2007 Open Thread

By AndrewHyman

Have a nice weekend.

FYI, there's some discussion at Volokh Conspiracy about a recent law review article by Paul Horwitz titled "Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations."

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