by Aryssa Damron • The Washington Free Beacon
Ken Dilanian, a reporter for NBC News, tweeted on Monday that the idea of North Dakota and New York having the same amount of senators “has to change” because of the confirmation of Justice Brett Kavanaugh to the Supreme Court.
“It may not happen in our lifetimes, but the idea that North Dakota and New York get the same representation in the Senate has to change,” Dilanian tweeted, linking to a Washington Post article about the confirmation of Kavanaugh. “Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans”
It may not happen in our lifetimes, but the idea that North Dakota and New York get the same representation in the Senate has to change. “Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans” https://t.co/DAZWYT9Txg
— Ken Dilanian (@KenDilanianNBC) October 6, 2018
Justice Anthony Kennedy’s retirement is inarguably a game-changer. It will take some time and depend on who President Donald Trump picks as his replacement to see just how much.
For years now, Kennedy’s been the swing vote on a court closely divided along ideological lines. That only matters infrequently but it’s vitally important when it does, which is why conservatives are jubilant and liberals fearful. Both believe Trump’s next pick will give the court a solid majority composed of five strict constructionists, as they are sometimes called, who would alter American jurisprudence for at least a generation and probably more.
What both sides should remember is there are no guarantees. The right was in relatively the same boat in 1987 when Lewis Powell, a justice appointed by Richard Nixon, stepped down. Like Kennedy, Powell was a swing vote on the Burger Court. It was presumed the man everyone expected to replace him—former United States Solicitor General Robert Bork—would move the court to the right, cementing the victories of Reagan’s Revolution. Continue reading
By Jack Crowe • National Review
Senate majority leader Mitch McConnell cancelled the upper chamber’s annual August recess Tuesday, citing the “historic obstruction” of his Democratic colleagues in a statement explaining his decision.
“Due to the historic obstruction by Senate Democrats of the president’s nominees, and the goal of passing appropriations bills prior to the end of the fiscal year, the August recess has been canceled,” McConnell said in the statement. “Senators should expect to remain in session in August to pass legislation, including appropriations bills, and to make additional progress on the president’s nominees.”
Senators were scheduled to depart Washington on August 3 and not return until after Labor Day, just three weeks before the October 1 end of the fiscal year. In order to avoid Continue reading
By David Harsanyi • The Federalist
It looks like Senate Democrats have the 41 votes they need to block the nomination of Neil Gorsuch to the Supreme Court. This means majority leader Mitch McConnell is almost surely going to use the nuclear option to confirm him. Which is a shame.
We can only assume this is what Chuck Schumer intended. The minority leader knows full well that, one way or another, Gorsuch would be on the court. Perhaps the nuclear option was fait accompli, but with nothing to show for the 2016 election thus far, Republicans need a tangible victory.
Schumer probably also believes Republicans would nuke the judicial filibuster on the next Supreme Court pick, anyway. He’s probably right. So what downside is there for him in forcing the GOP to put the filibuster out of its misery? Continue reading
By Peter Roff • USNews
It’s not clear when the Senate started playing politics with Supreme Court nominations. Some say it’s been that way all along, going back at least as far as the time of Chief Justice John Marshall and Marbury vs. Madison.
Others say the confirmation process only became truly venomous after President Ronald Reagan selected federal judge Robert Bork, a former U.S. solicitor general, to fill a seat that would shift the high court’s delicate balance of power in a rightward direction.
Bork was ultimately defeated, not because he was unqualified for the post – according to the standards in place before he was nominated he could only be described as supremely qualified – but because Senate Democrats feared how he would rule. Continue reading
By Ronald A Cass • USAToday
Smart people often say stupid things. #MistakesHappen. But it takes a certain special orientation to repeat obviously false and ridiculous statements over and over. That’s a talent peculiar to politicians.
This talent is frequently on display during Supreme Court confirmation fights. Since the 1970s, every nominee from a Republican president has been attacked, among other things, as hostile to women’s rights and civil rights.
That includes Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, Anthony Kennedy and David Souter — justices who often have been as zealous as any in finding, creating and expanding rights for women and minorities. Constantly being wrong, however, doesn’t prevent the same trope being trotted out as soon as the next nominee is announced. Continue reading
By Gregg Jarrett • Fox News
Some Democrats, still seething over the stalled U.S. Supreme Court nomination of Merrick Garland, are trying. But their dream of delivering political retribution has, thus far, fizzled. That is not likely to change.
Gorsuch’s credentials are too impeccable, his intellect too keen and his temperament too even to fall victim to the kind of debasement that felled Judge Robert Bork and coined an infamous phrase.
If the Gorsuch confirmation hearings have proven anything, it’s that his opponents have no powder in their guns. Try as they may, there is little in the record of Neil Gorsuch that can be faulted. His rulings have been fair, his legal mind agile, and his fidelity to the law unimpeachable. Continue reading
With the Senate lacking the two-thirds majority it would need to stop him, President Obama will succeed in implementing his nuclear deal with Iran. At this point, barring a miracle, Obama has outmaneuvered the Congress and won that fight.
He has also lost the argument.
For all the millions of dollars they promised to spend influencing public opinion, his allies failed to put a dent in the overwhelming opposition among the American public. The demeaning videos they trotted out featuring vapid celebrities failed to convince the undecided to embrace this deal. Nor could they assuage the glaring problems in its terms for those following closely enough to feel confident expressing an opinion. Continue reading
By John Podhoretz • New York Post
It’s rare for people to celebrate getting 41 percent of anything. If you score 41 percent on a test, you get an F. If you win 41 percent of the vote in a two-person race, you lose. If your tax rate is 41 percent, you’re likely to feel ripped off.
In the matter of his Iran deal, President Obama and his team have spent two months working relentlessly to secure 41 percent — and now they’re claiming an enormous victory even though by any other standards what they’ve achieved is nothing but a feat of unconstitutional trickery.
They worked throughout the summer to browbeat Senate Democrats so they could get 41 of them to say they would support the Iran nuclear deal. They’re up to 42 now — that’s a mere 42 percent of the Senate. Continue reading
by John Podhoretz • Commentary Magazine
If you look at what happened today between the U.S. and Iran through the lens of domestic American politics, Barack Obama has made a very clever play here—because what might be called “the agreement of the framework of the possibility of a potential deal” gives him new leverage in his ongoing battle with the Senate to limit its ability to play a role in the most critical foreign-policy matter of the decade.
The “framework” codifies the Obama administration’s cave-ins but casts them as thrilling reductions in Iran’s capacities rather than what they are—a pie-in-the-sky effort to use inspections as the means by which the West can “manage” the speed with which Iran becomes a nuclear power.
Obama’s tone of triumph this afternoon was mixed with sharp reminders that the deal is actually not yet done—and that is entirely the point of this exercise from a domestic standpoint. the triumph signals his troops and apologists that the time has come for them to stand with him, praise the deal sheet and pretend it’s a deal, declare it historic, and generally act as though the world has been delivered from a dreadful confrontation by Obama and Kerry. Continue reading
The Iran nuclear deal has the same political weaknesses as the Affordable Care Act.
By Daniel Henninger • Wall Street Journal
Next Tuesday is the deadline for completing the “political” terms of an agreement with Iran. “Technical” details arrive in June. From news reporting on the negotiations, it appears the agreement is turning into a virtual Rube Goldberg machine, a patchwork of fixes that its creators will claim somehow limits Iran’s nuclear breakout period to “a year.” Which is to say, it’s going to be another ObamaCare, a poorly designed mega-project others will have to clean up later.
Just as ObamaCare was a massive entitlement program enacted with no Republican support (unlike Social Security, Medicare and Medicaid), the administration’s major arms-control agreement is bypassing a traditional vote in the Senate. Instead, it will get rubber-stamp approval by, of all things, the U.N. Security Council. Continue reading
by Peter Huessy
The Nuclear Non-Proliferation Treaty (NPT) forbids any of its signatories, other than the five permanent members of the UN National Security Council, from having nuclear weapons. Of the 190 signatories to the treaty, Iran is one. So there already is an internationally agreed upon law that forbids Iran from getting nuclear weapons even if it meets all the rules in producing nuclear energy for electricity.
So why do we need another agreement between the US and Iran to stop Tehran’s nuclear program?
Can’t we just enforce the current NPT?
Apparently not. Continue reading
by Philip Klein • The Washington Examiner
On Monday, 47 Republican senators led by Tom Cotton, R-Ark., released an “open letter” to Iran’s leaders noting that any deal the regime signs with President Obama without the approval of Congress could be revoked by a future president or changed by Congress. The White House went into a tizzy trying to portray the move as somehow “unprecedented” — a view that has found a friendly audience with the media.
Vice President Joe Biden claimed the letter “ignores two centuries of precedent and threatens to undermine the ability of any future American president, whether democrat or republican, to negotiate with other nations on behalf of the United States.” The New York Daily News featured an editorial blasting the letter on its front page, with photos of the senators and the bold-faced headline “TRAITORS.” A more muted NBC roundup called the move “extraordinary — if not unprecedented.” In reality, whatever one’s view of the letter, to call it “unprecedented” is to ignore history. The reality is that on many occasions, Democrats have reached out to foreign leaders to undermine the foreign policy of a sitting Republican president.
Here are just five examples. Continue reading
By John Avlon • CNN
Editor’s note: John Avlon is a CNN contributor and senior political columnist for Newsweek and The Daily Beast. He is co-editor of the book “Deadline Artists: America’s Greatest Newspaper Columns.” He is a regular contributor to “Erin Burnett OutFront” and is a member of the OutFront Political Strike Team. For more political analysis, tune in to “Erin Burnett OutFront” at 7 ET weeknights.
Everybody knows the Republican Party is basically an all-white bastion, right? After all, even Colin Powell condemned the “dark vein of intolerance” that has flowed through his party since the post-civil rights era political realignment.
Now with President Barack Obama leading the Democrats into a second term — buoyed by overwhelming victory margins among African-Americans and Hispanics — it’s clear the GOP has some serious catching up to do. Continue reading