Judiciary

Orrin Hatch: Don’t Overstate “Advise and Consent”

By Marc Comtois | July 14, 2005 |

Republican Sen. Orrin Hatch writes in National Review Online about the proper method of “advise and consent” that should be exercised by the Senate with regards to the process of nominating a Supreme Court Justice. The fact that the president and the Senate each has a role, however, does not make those roles co-equal. The…

Judicial Activism: Commandeering the Public Debate & Violating the Founding Principles of America

By | July 13, 2005 |

Here is an excerpt about judicial activism from an earlier posting entitled Rediscovering Civility and Purpose in America’s Public Discourse: Many of these aggressive attempts by liberal fundamentalists to redirect societal practices have been done through a hyperactive judiciary. It has been going on for enough decades now and, with our weak knowledge of history,…

How Original Intent Does Not Equal Conservative Judicial Activism

By | July 12, 2005 |

Implicit in the public debate about the upcoming Supreme Court nomination is the assumption by many on the left that any nominee by President Bush is going to be an activist from the right who will seek to undo the aggressive legislating done by the Court in recent years with an equally aggressive counter response.…

Relinking Constitutional Law & Jurisprudence to the Constitution

By | July 3, 2005 |

William Kristol, in an article entitled Reversing the Bork Defeat, makes this observation: On October 23, 1987–a day that lives in conservative infamy–Robert Bork’s nomination to the Supreme Court was rejected by a Democratic Senate. Now, 18 years later, George W. Bush has the chance to reverse this defeat, and to begin to fulfill what…

Rediscovering Proper Judicial Reasoning

By | June 25, 2005 |

The public debate about proper judicial reasoning is often so ill-informed because the focus is only on short-term partisan agendas, a bad habit which damages the fabric of our society and respect for the rule of law. Into that morass and using the recent Supreme Court decision on medical marijuana use in California, Charles Krauthammer…

Bringing Added Clarity to the Judicial Filibuster Debate

By | June 4, 2005 |

Power Line offers a valuable posting on the judicial filibuster debate. The posting adds to other informative postings about the judicial filibuster debate on this site, including: The Filibuster…Continued The Injustice of Smearing A Fellow American For Political Gain The Senate Judicial Filibuster: Power Politics & Religious Bigotry Mac Owen’s open letter to Senator Chaffee…

Senator Mitch McConnell on the Judicial Filibuster – Before the Capitulation

By | May 24, 2005 |

Republican Senator Mitch McConnell gave this speech on the Senate floor prior to the capitulation by the 7 Republican senators. It offers a history lesson and is complementary to this posting by Mac Owens.

The Injustice of Smearing A Fellow American For Political Gain

By | May 14, 2005 |

There is an excellent posting on Captain’s Quarters about Janice Rogers Brown, one of the court nominees being filibustered by Senate Democrats, that references this Sacramento Bee editorial written by a liberal who, among other things, said: I know Janice Rogers Brown, and she knows me, but we’re not friends. The associate justice of the…