An Attempt To Bork Kavanaugh

Robert Bork would have made a fantastic Supreme Court judge. He was brilliant and understood the U.S. Constitution. Unfortunately he was blocked from being a Supreme Court Justice because of the antics of that bastion of virtue Ted Kennedy. A similar tactic was tried on Justice Thomas, but it didn’t work. Justice Thomas, thankfully, sits on the Supreme Court. Now the attempt is being make to prevent Judge Kavanaugh from being confirmed. It is an ugly attempt, and hopefully it will fail.

The Daily Caller posted an article yesterday detailing the problems with the Democrats’ case against Judge Kavanaugh. Diane Feinstein has come up with a letter charging Judge Kavanaugh with inappropriate behavior when he was in high school. In the article, Kimberley Strassel of the Wall Street Journal listed the problems with the accusations against Judge Kavanaugh:

Strassel began by pointing out reports from the New York Times that suggested Feinstein had at least been aware of the letter’s existence since summer — and argued that if the accusation was truly damning enough to warrant an FBI investigation, it would have been reason enough for Feinstein to present it to authorities immediately.

…Strassel went on to question whether a letter concerning enough to warrant a federal investigation should have been shared with Senate Republicans, who, just like their Democratic counterparts, were charged to “advise and consent” with regard to Kavanaugh’s nomination. Additionally, she suggested that if the accuser had explicitly stated a request to not take things further, Feinstein could be betraying that trust by going to the FBI.

…Finally, Strassel argued that the timing of the letter’s introduction into public discourse “cannot be ignored” — it was made public only after Senate Democrats made numerous attempts to stall or delay Kavanaugh’s hearings, all of which were shut down.

Approval of nominees is supposed to be based on the qualifications of the nominee. Unfortunately in recent years, it has become extremely political. I firmly believe that barring unusual circumstances, a President is entitled to appoint the people he chooses. That courtesy was extended to President Obama, who appointed Sonia Sotomayor and Elena Kagan to the Supreme Court. The appointment of Merrick Garland was blocked according to the ‘Biden Rule’ put in place under George W. Bush. The Democrats invented the ‘Biden Rule’ to block an appointment by President Bush. It is only fair that they got hoisted on their own petard.

I believe that the Democrats need to confirm Judge Kavanaugh. Their stall tactics are only creating bad feelings that will come back to bite them in the future.

 

One Decision, But Not Really A Resolution Of The Issue

In 2012, Jack Phillips refused to bake a wedding cake for Dave Mullins and Charlie Craig. In 2012. Same sex marriage was not legal in Colorado, and the Supreme Court had not yet ruled on the issue. It was a very different time. The State of Colorado charged Mr. Phillips with discrimination, and the case made its way to the Supreme Court, which ruled today. The Washington Times posted the story today.

The article in The Washington Times reports:

Mr. Phillips had argued as a Christian, he could not be forced to create a custom wedding cake for a homosexual couple, citing his First Amendment rights, though he said he offered to sell one of his standard cakes to them.

Colorado said his refusal broke the state’s public accommodation law prohibiting businesses from refusing service to anyone based on religion, race, sexual orientation and national origin.

During proceedings before the state’s civil rights commission one commissioner complained that freedom of religion had been used to “justify all kinds of discrimination throughout history, whether it be slavery, whether it be the Holocaust.” The commissioner called Mr. Phillips‘ beliefs “one of the most despicable pieces of rhetoric.”

Justice Kennedy said those statements undermined the state’s case against Mr. Phillips.

The Supreme Court ruled 7 to 2 in favor of Mr. Phillips. The two judges who ruled against Mr. Phillips were Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor.

Mr. Phillips is essentially a cake artist. The question becomes whether or not a person can be forced to use his art for something he fundamentally disagrees with. Artists are usually commissioned. If the charges against Mr. Phillips were allowed to stand, does that mean that an artist does not have the right to refuse to do a commissioned work? I think that is the ultimate question–does a person running a business have the right to choose their clientele?

Better Late Than Never

Yesterday The Washington Free Beacon reported on a Supreme Court ruling that happened on Tuesday.

The article reports:

The court ruled Tuesday that Obama appointee Lafe Solomon illegally served as acting general counsel to the National Labor Relations Board from 2010 to 2013. Solomon, who once violated the agency’s ethics rules, should have vacated the position in accordance with the Federal Vacancies Reform Act of 1998 (FVRA) after the Senate refused to take up his nomination to serve as permanent general counsel in 2011, the court found in a 6-2 opinion authored by Chief Justice John Roberts. The appointment was an “end-run around” the Constitution.

“We cannot cast aside the separation of powers and the Appointments Clause‘s important check on executive power for the sake of administrative convenience or efficiency,” the majority ruled.

The case came to the court after the NLRB filed unfair labor practice charges against an Arizona-based ambulance service, Southwest General, following union complaints.

David Phippen, a management-side labor attorney at the firm Constangy, Brooks, Smith & Prophete, said the decision clarifies the meaning of the FVRA.

“The case is a reminder that the language of the FVRA statute means what it says and must be followed, not ignored by Presidents, as appeared to be the case here,” Phippen said in an email. “The decision … appears to make it somewhat more difficult for Presidents to put ‘her or his people’ into important agency positions unilaterally, i.e.,  without approval of the Senate.”

The article notes that Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg were the only Justices who dissented from the majority vote.

On another note, the media spin on this story is very interesting. While The Washington Free Beacon focused on the case and the fact that the actions of President Obama were unconstitutional, Yahoo News posted the following headline about the story:

Supreme Court restricts Donald Trump’s power to fill temporary government posts

This case had nothing to do with Donald Trump, although it will prevent him from ignoring the Constitution, as President Obama did.

Bringing Back The Old Play Book

Why is it that when someone expresses concern about the 1.2 million babies killed in the womb in America or attempts to lower that number, they are accused of waging ‘war on women?’ It seems to me that women’s health is broader than the right to kill their offspring. Evidently this is an issue where you don’t cross the left–even if you are one of them.

U.S. News & World Report posted an op-ed piece last Tuesday by Jamie Stiehm about Justice Sonia Sotomayor’s stay order applying to an appeal by a Colorado nunnery, the Little Sisters of the Poor.

The piece states that:

Justice Sotomayor undermined the new Affordable Care Act‘s sensible policy on contraception. She blocked the most simple of rules – lenient rules – that required the Little Sisters to affirm their religious beliefs against making contraception available to its members. They objected to filling out a one-page form. What could be easier than nuns claiming they don’t believe in contraception?

…Catholics in high places of power have the most trouble, I’ve noticed, practicing the separation of church and state. The pugnacious Catholic Justice, Antonin Scalia, is the most aggressive offender on the Court, but not the only one. Of course, we can’t know for sure what Sotomayor was thinking, but it seems she has joined the ranks of the five Republican Catholic men on the John Roberts Court in showing a clear religious bias when it comes to women’s rights and liberties. We can no longer be silent about this. Thomas Jefferson, the principal champion of the separation between state and church, was thinking particularly of pernicious Rome in his writings. He deeply distrusted the narrowness of Vatican hegemony.

The article is snarky at best. The writer obviously does not understand the idea that some people apply what they learn in church to their daily lives. The Catholic Church is not the only religious group that opposes abortion–they are simply the largest and most vocal. Evidently, when you disagree with the liberal view that abortion should be underwritten by the government, you are accused of not understanding or applying the concept of separation of church and state. That concept was not in the Constitution. In fact, in the early days of America, there were churches that met in the Capitol building. Our founders understood that Biblical morality would be a good foundation for our representative republic. Unfortunately, most of our current politicians have forgotten this.

 

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Why Supreme Court Justices Are Important

Yesterday Hot Air posted an article about the latest episode of the battle between Hobby Lobby and the Obama Administration over the HHS regulations in ObamaCare. Justice Sonia Sotomayor rejected an emergency request for an injunction to prevent HHS from enforcing the contraception mandate on Hobby Lobby’s Catholic owners.

The article reports Justice Sotomayor‘s justification for her decision:

“While the applicants allege they will face irreparable harm if they are forced to choose between complying with the contraception-coverage requirement and paying significant fines, they cannot show that an injunction is necessary or appropriate to aid our jurisdiction,” Sotomayor wrote in a short opinion rejecting Hobby Lobby’s request.

Because Hobby Lobby will not comply with the mandate, they are facing fines of $1.3 million a day beginning on January 1st. HHS cannot collect the money immediately, but Hobby Lobby is required to set the money aside. I can’t imagine a company not being harmed by taking $1.3 a day away from their operating cash.

The article concludes:

Expect Hobby Lobby to keep pursuing the case, and keep an eye out for emergency requests from other appellate circuits.  If one lands on the desk of Antonin Scalia or Sam Alito, the outcome could be quite different — and we may get an expedited Supreme Court argument out of it, even if it would still be preliminary.

The HHS mandate requiring companies to provide free contraception is government overreach at its worst. Why is the HHS insisting on thisl when various forms of contraception are readily available and inexpensive?

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