Sotomayor’s GOP “yea” votes remain mute on Kagan

Catholic prelate protests abortion in US military hospitals

Maloney bill: Another effort by abortion industry to shut down competition

Capitol Hill briefing assesses far-reaching consequences of pornography

Sen. McCain to oppose Kagan for high court

Obama to bypass Senate to name health official

Rubio opposes Elena Kagan’s nomination to the Supreme Court

    Sunshine State News: “The leading Republican candidate in the race for U.S. Senate, former House Speaker Marco Rubio, announced Tuesday that he opposes President Barack Obama’s nomination of Solicitor General Elena Kagan to the Supreme Court of the United States. … ‘Initially, my concerns with this nomination centered on her role in implementing the ban on military recruiters while she was dean at Harvard Law School,’ said Rubio. ‘Also, since she has no history as a judge, I hoped the confirmation process would reveal greater insight into her views on the role of judges and the judiciary in America. After all, the proper role of a judge is not to create laws, but to interpret and apply the law within the parameters of our Constitution.’”


  • Posted: 07/06/2010
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  • Category: Bench & Bar
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  • Source: www.sunshinestatenews.com

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The GOP’s passion problem

    Politico: “[T]he GOP has more than just a math problem with Kagan. It has a passion problem — the party, which has used judicial nominations to stoke the culture wars for more than a decade, appears to have lost its edge on judges. … some Republicans griped privately over what they saw as Sessions’s largely unfocused attacks, which failed to provide a compelling counternarrative about her nomination. … After denouncing the filibusters Democrats used against George W. Bush’s nominees, including an unsuccessful attempt with Associate Justice Samuel Alito and successful filibusters to prevent conservative icon Miguel Estrada from becoming a federal judge, top Republicans don’t now want to look like hypocrites.”


  • Posted: 07/06/2010
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  • Category: Bench & Bar
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  • Source: www.politico.com

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Three GOP senators say they’ll vote against Kagan

Leahy schedules Kagan Judiciary Committee vote for July 13

Pelosi: End the filibuster – Senate Dems eye January

    Huffington Post: “House Speaker Nancy Pelosi has some advice for her Senate counterparts: Try majority rule for a change. Pelosi, in an interview with the Huffington Post, called for an end to the filibuster, which she labeled ‘the 60-vote stranglehold on the future.’ … Senate Democrats are eying January as the time to reform the filibuster, when the Senate convenes a fresh Congress and votes to establish rules.”


  • Posted: 07/02/2010
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  • Category: Miscellaneous

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How much blind deference? Harvard law professor Jack Goldsmith’s testimony at Kagan hearings

    An excerpt from the conclusion of Harvard law professor Jack Goldsmith’s written testimony in support of Elena Kagan’s nomination to the US Supreme Court, via Jonathan H. Adler at The Volokh Conspiracy (see also the post’s lively comments section): “The President of the United States is entitled to choose a judicial nominee whom he believes reflects his judicial philosophy; and his decision to nominate a highly qualified individual who swims in the broad mainstream of American legal life – a description that Kagan easily satisfies – warrants deference from the Senate. Some Democratic members of this Committee implicitly or expressly embrace this principle today but did not do so during the hearings for Justices Roberts and Alito. Some Republican members of this Committee implicitly or expressly embraced this principle during the hearings for Justices Roberts and Alito, but not today. The Democrats are right now and the Republicans were right then. But the opportunistic embrace of the principle, and the often-extremely-uncharitable characterization of the records of nominees of presidents of the opposite party, can only mean that neither side really believes in it.”


  • Posted: 07/02/2010
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  • Category: Bench & Bar
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  • Source: volokh.com

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A filibuster of Elena Kagan is justified

WSJ: Reconfirming John Roberts

GOP faces pressure on confirmation

SCOTUSblog: General Kagan Confirmation Hearings | Day 4

Oyez! Oyez! Oyez! God Save This Honorable Court: Limited religious liberty ruling

Lindsey Graham to New York Times: “I ain’t gay”

“Gay U.S. citizens seek to claim residency for foreign spouses”

Rep. Paul’s audit the Fed bill fails, 229-198

Video of Grassley to Kagan: Is marriage reserved to the states? Is Baker v. Nelson settled law?

Kagan evasive on partial-birth abortion memo

    National Right to Life News: “What we know for sure is, as NRLC Legislative Director Douglas Johnson once put it, ‘The bottom line is that thousands of additional babies were mostly delivered alive and then stabbed through the back of the head, thanks to the deceptive but successful political strategy, to which Elena Kagan lent all of her considerable talents, that blocked the Partial-Birth Abortion Ban Act from becoming law during the Clinton Administration.’ In slip-sliding around her real role, Kagan is demonstrating the very qualities that make her critics nervous: a political adroitness at fudging her true role in providing political cover for pro-abortion Democrats.”


  • Posted: 07/01/2010
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  • Category: Bench & Bar
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  • Source: www.nrlc.org

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The banality of Elena: “Don’t be surprised when . . . Kagan finds a constitutional right to gay marriage”

The limitless power of the Obama-Kagan Congress

Specter unhappy with Kagan’s answers

Republicans press Kagan on social issues at hearing

House Minority Leader promises to co-sponsor bill codifying Hyde

House GOP leaders push discharge petition against pro-abortion health care

Senators debate terms of cybersecurity overhaul

    The Hill: “A debate is emerging in the Senate over key aspects of recently introduced cybersecurity legislation, including which agency should be in charge of protecting the country’s civilian networks and how much authority the president should have in the event of a cyberattack.”


  • Posted: 06/30/2010
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  • Category: Miscellaneous
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  • Source: thehill.com

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Landrieu balks at giving Lautenberg Byrd’s subcommittee chairmanship

    The Hill: “Sen. Mary Landrieu (D-La.) is fighting party leaders’ decision to name Sen. Frank Lautenberg (D-N.J.) interim chairman of the Appropriations Homeland Security subcommittee. … The subcommittee has jurisdiction over the Federal Emergency Management Agency, which will play an important role helping Gulf Coast residents recover from the BP oil disaster.”


  • Posted: 06/30/2010
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  • Category: Miscellaneous
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  • Source: thehill.com

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West Virginia GOP may sue to force special election

N.J. Senate approves interdistrict school choice program

Prepared statements from Judiciary Committee members

Kagan disregards Obama view on empathy

Kagan treads carefully on guns, abortion

Catholic bishops tell Congress: Don’t turn military hospitals into abortion centers

Kagan: Foreign law can be useful in deciding cases

Kagan reaffirms extreme pro-abortion position

Sen. Sessions: Kagan defied law on military recruiting

Graham Signals willingness to support Kagan

Day 1 of Senate hearings offers tale of 2 Kagans

    Breitbart: “To those hearty souls who tuned in to C-SPAN on Monday it must have sounded like a tale of two Kagans. Alabama Sen. Jeff Sessions, the ranking Republican on the panel, previewed the GOP lines of attack—reaching all the way back to her college thesis on socialism, which he said ‘seems to bemoan socialism’s demise.’ … For every GOP thrust, there was a Democratic parry. Committee Chairman Patrick Leahy of Vermont called her legal credentials ‘unassailable.’”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: www.breitbart.com

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Wall Street Journal: The Keynesian dead end

    Wall Street Journal Editorial: “What the world has now reached instead is a Keynesian dead end. We are told to let Congress continue to spend and borrow until the precise moment when Mr. Summers and Mark Zandi and the other architects of our current policy say it is time to raise taxes to reduce the huge deficits and debt that their spending has produced. Meanwhile, individuals and businesses are supposed to be unaffected by the prospect of future tax increases, higher interest rates, and more government control over nearly every area of the economy. Even the CEOs of the Business Roundtable now see the damage this is doing.”


  • Posted: 06/28/2010
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  • Category: Miscellaneous
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  • Source: online.wsj.com

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Kagan vows to be unbiased, deferential to Congress

GOPers flag Kagan’s abortion, “gay” advocacy in confirmation opening remarks

Kagan called judicial activist in Supreme Court hearing, Democrats cite lack of record

Kagan set to break silence as hearings commence

    FindLaw (AP): “Elena Kagan, a trailblazer for women and the law, is hitting a new path that could be strewn with a few rough patches: the Senate Judiciary Committee’s confirmation hearings. Kagan’s chances are bright as she heads into a marathon week of high-pressure vetting before the Judiciary panel, pressing to portray herself as a mainstream, impartial addition to the court. She’s set to break weeks of public silence in sworn testimony before the panel reviewing her nomination.”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: news.findlaw.com

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Primer on senators judging would-be Justice Kagan

    Associated Press: “What’s new is the experience level of committee members. Three have chaired confirmation hearings before. There are no rookies; even the junior senators toward the end of the dais participated in the questioning last year of Obama’s first nominee for the high court, Sonia Sotomayor. … Republicans are examining her experience from other angles. She’s never been a judge. As an adviser to President Bill Clinton, she showed a political shrewdness that GOP lawmakers say isn’t appropriate for an impartial justice. Most of all, they’ve taken aim at Kagan’s brief refusal to give military recruiters access to the law school’s career services office, over the ‘don’t ask don’t tell’ policy against openly gay soldiers.”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

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The passing of Sen. Robert Byrd and filling of his seat

Law Review: An Empirical Analysis of the Senate Judiciary Committee Hearings of Supreme Court Nominees, 1939-2009

    Lori A. Ringhand and Paul M. Collins, May it Please the Senate: An Empirical Analysis of the Senate Judiciary Committee Hearings of Supreme Court Nominees, 1939-2009 (June 25, 2010). UGA Legal Studies Research Paper No. 10-12. Available at SSRN: http://ssrn.com/abstract=1630403

    “This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This database, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which issues are most frequently discussed at the hearings, whether those issues have changed over time, and whether they vary depending on the party of the appointing president and the party of the questioning senator. We also investigate if questioning patterns differ depending on the race or gender of the nominee. Some of our results are unsurprising: for example, the hearings have become longer. Others, however, challenge conventional wisdom: the Bork hearing is less of an outlier in several ways than is frequently assumed, and abortion has not dominated the hearings. We also discover that there is issue area variation over time, and that there are notable disparities in the issues addressed by Democratic versus Republican senators. Finally, we find that female and minority nominees face a significantly different hearing environment than do white male nominees.”


  • Posted: 06/28/2010
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Social conservatives make their case against Kagan

How does Elena Kagan see America’s place in the world? Why the Senate needs to ask some hard questions

    Jeremy Rabkin writing at the Heritage Foundation: “What are Elena Kagan’s views on foreign policy? What does she think about America’s role in the world? At one time, such questions would have seemed irrelevant, if not impudent, for a Supreme Court nominee. Not anymore. Recent Supreme Court decisions, and commonly expressed views among commentators, seem to embrace a new role for international institutions, foreign practices, and foreign opinion in shaping American law. Although very little is known about Kagan’s judicial philosophy, or her opinions on great constitutional issues, her record, such as it is, cries out for questioning on these matters. It remains unlikely that Kagan will jeopardize her confirmation by giving forthright answers to such questions. But Senators should not pass up the opportunity to put her on the spot by pressing for clear and direct responses to fundamental questions about her judicial philosophy. Here are particularly compelling reasons to raise these questions with Elena Kagan.”


  • Posted: 06/25/2010
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  • Category: Bench & Bar
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  • Source: heritage.org

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Washington Examiner: Democrats: Free speech for me, not for thee

    Washinton Examiner: “The [DISCLOSE Act] is full of draconian restrictions on individual political speech expressed via corporations, but gives privileged status to the Democrats’ union masters. A provision pushed by Pennsylvania Democrat Rep. Bob Brady, for example, allows unions to transfer unlimited funds among affiliated groups to pay for political ads with no disclosure whatever. That makes campaign funding more transparent?” | More from the Examiner’s Mark Hemingway: “So unions now get nearly unrestricted, undisclosed political spending. … Further, under the DISCLOSE Act if a company has more than $7 million in government contracts, it has no right to political speech. But public sector unions can spend millions of recycled tax dollars campaigning for Democrats, no problem.”


  • Posted: 06/25/2010
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  • Category: Religious Freedom
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  • Source: www.washingtonexaminer.com

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CWA: The DISCLOSE Act is the work of tyrants

Top Democrats won’t say if Kagan should justify abortion views

GOP, conservatives reveal arguments against Kagan

GOP lawmakers echo Beck’s claims against Soros

    The Hill: “Reps. Dan Burton (R-Ind) and Louie Gohmert (R-Texas) questioned whether Soros, who backs a number of liberal causes and Democratic candidates for office, had invested in a Brazilian oil company, Petrobras, with the knowledge that President Barack Obama might temporarily ban deepwater drilling in the Gulf of Mexico.”


  • Posted: 06/24/2010
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  • Category: Miscellaneous
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  • Source: thehill.com

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Congress votes this afternoon on grassroots muzzle, “DISCLOSE Act”

Top Republican: Filibuster of pro-abortion Elena Kagan still possible

Americans United urges Senate panel to question Kagan on church-state views

More than 300 organizations send letter opposing Disclose Act

Kagan Supreme Court confirmation hearings begin Monday

Breaking Deadlocks, Senate Confirms a Herd of Nominees

Snowe wealthiest among Maine congressional members

    Boston Globe: “Filings say Republican Snowe and her husband, former Maine Gov. John McKernan, have assets worth between $12 million and $46 million. The couple’s largest asset is common stock in Education Management Corp. and falls in the category of being worth between $5 million and $25 million.”


  • Posted: 06/18/2010
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  • Category: Miscellaneous
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  • Source: www.boston.com

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Bid to end senators’ ‘secret holds’ advances

    McClatchy DC: “McCaskill, a first term Democrat, apparently has persuaded enough of her colleagues to back her effort to take the ‘secret’ out of the Senate’s practice of secret holds. If her bill gets to the floor, which is appearing more likely since every Democrat supports it, plus enough Republicans to grease passage, no senator would be able to block on a nomination or a piece of legislation without leaving fingerprints . . . ”


  • Posted: 06/18/2010
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  • Category: Miscellaneous
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  • Source: www.mcclatchydc.com

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Chamber of Commerce ups ante against McConnell appointment

    Providence Journal: “On the eve of the Senate Judiciary Committee’s debate on the McConnell nomination, the U.S. Chamber of Commerce alerted senators that their votes on whether to seat him could become part of the organization’s influential scorecard on members of Congress. . . . The consideration of McConnell’s nomination is playing out against a partisan backdrop. The Providence lawyer, 51, is a longtime state Democratic official, a major contributor to the party and a leading plaintiffs’ lawyer. He has given more than $432,000 to federal election campaigns over the years, including those of Whitehouse and Jack Reed.” | Via Instapundit.


  • Posted: 06/17/2010
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  • Category: Bench & Bar
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  • Source: www.projo.com

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Congress looking into crackdown on Christians in Morocco

Capitol Hill briefing on pornography reveals brutal, addictive nature of today’s internet porn

Have the Feds gone soft on porn?

    (Warning graphic images, descriptions, and language)

    Stephanie Mencimer writing at Mother Jones: “On Tuesday, a group of anti-porn activists and scholars arrived on Capitol Hill to brief members of Congress and their staffs and to call for beefed-up federal enforcement of obscenity laws. . . . Christian-right groups have been complaining about porn forever, of course, and Trueman, a lawyer with the anti-gay Alliance Defense Fund, falls within that camp. But technology has made the right’s argument far more compelling, as the Internet has brought pornography to a far bigger and more vulnerable audience than ever before. . . . [A]ccording to Trueman, much of the explicit material found on the Internet these days isn’t protected speech but obscenity, which is prosecutable.”


  • Posted: 06/16/2010
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  • Category: ADF in the News

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House Democrats’ Delay on Passing Spending Bills Could Allow Abortion Funding

Dems block GOP effort to roll back health mandate

GOP to force vote on health reform repeal

“Test your LGBT IQ Test your LGBT IQ” The Status of 25 Bills Pending in Congress

Pornography Harms Brief: What Congress Can Do to Enforce Existing Laws

Boehner asks for progress report on implementation of executive order on taxpayer-funded abortion

Climate change showdown