Sep212020

Episode 223 – And the Winners Is…

The Dems call for war.
A new justice is coming.
The top picks are great.

 

It’s Coming

President Trump said he would nominate a Supreme Court pick on Friday or Saturday and has five women under consideration, as Senate Republicans lined up behind him and Majority Leader Mitch McConnell (R., Ky.) and rejected Democrats’ calls to let the winner of the presidential election make the pick.

He said that he would wait until the end of the week out of respect for Ruth Bader Ginsberg. But he would nominate one and it would be quick.

Trump said of Fox and Friends on Monday:

“We won the election and elections have consequences. We have plenty of time.”

He is absolutely correct. Here’s the thing: Trump is President for four years not three and a half. He is expected to do what his voters expect him to do and fight for it. One of the things his voters expect him to do is put in place judges including Supreme Court judges. This goes the same for Mitch McConnell. His voters trust him to do the right thing and that includes fighting for what they want. There’s a reason he has been in the Senate for a thousand years. What he did in 2015 with Merrick Garland and is doing now is not hypocrisy. It’s politics. Unlike a lot of Republicans, McConnell is following the law and fighting politically.

Do you know why we know he is following the law? People are threatening his life and are rioting. The Supreme Court justice that Trump picks is going to get confirmed. And the Left is already flipping.

https://www.wsj.com/articles/trump-says-hell-make-supreme-court-nomination-friday-or-saturday-11600691095?mod=hp_lead_pos5

 

This Ain’t the First Time

The Democrats are screaming that this is hypocrisy and an outrage and evil and the end of democracy and whatever. The Wall Street Journal said that the confirmation of Supreme Court ran into issues because of what the Democrats have done in the last twenty years.

Let’s look at some of the things they have done:

In 1987, Robert Bork was a qualified nominee for the Supreme Court. The Ted Kennedy, a drunk, sexist and a murderer, called Bork a murderer who would force “back ally abortions” and would make blacks “sit at segregated lunch counters.” Robert Bork was not confirmed. That’s when the term “borked” came into play. That is when a justice is undermined as not to be confirmed.

Clarence Thomas, the day before his confirmation vote, was accused of sexual harassment. This guy was a judge for twenty years. And it seemed that Anita Hill actually sexually harassed him. He didn’t put up with it and fought it. Listen:

Clarence Thomas is a black man. So, apparently, race is not an issue with the Democrats. It’s philosophy. Wait till Trump selects Amy Coney Barret.

Samuel Alito was accused of being a sexist and racist because of some fraternity he belonged to at Princeton.

We won’t even talk about the gang rapist, Brett Kavanaugh, which you probably know about.

Democrats have also filibustered and blocked appellate nominees by Republican Presidents such as:

  • Miguel Estrada
  • Priscilla Owen
  • Janice Rogers Brown
  • Charles Pickering Sr.
  • Henry Saad
  • Carolyn Kuhl
  • William Pryor
  • David McKeague
  • Richard Griffin
  • William Meyeres
  • Amoung others

 

This was something unheard of thirty years ago and all of it is by Democrats.

In 2013,

Democrats rewrote Senate rules in mid-Congress, on a party-line vote, to add three seats to the D.C. Circuit. The goal was to stack that court with liberals who would rubber stamp Mr. Obama’s “pen” and “phone” regulatory diktats.

None of this stuff happened to Democratic appointees:

  • Elena Kagan, who was far Left, got 60% of the Senate votes.
  • Sonia Sotomayor, who is far Left, got over 60% of the Senate votes.
  • Ruth Bader Ginsberg, who was far Left, won the vote 93-3!

 

Is it a surprise that now, that Democrats have no options, they are threatening violence? Here’s the thing: we cannot assume that the Democrats have any good attentions. We have to assume they are there to tear the government apart and rebuild it so that there is no oversight and they can do what they want.

Is it a coincidence they are the party of:

  • Mail-in balloting.
  • Eliminating the electoral college.
  • No voter ID.
  • Allow 16-year-olds to vote.
  • Allow criminals to vote.
  • Packing the Supreme and appellate courts.
  • Ending the filibuster.
  • Adding states to the Union.
  • Impeachment
  • Refusing to to condemn rioting and domestic terrorist groups like Antifa and BLM.

 

So why shouldn’t Republicans man-up and nominate someone? It is time to start fighting. I don’t mean through violence but we shouldn’t be afraid of that either. The Second Amendment is exactly for this.

I’m sure this is going to come up again later.

https://www.wsj.com/articles/breaking-judicial-norms-a-history-11600639835?mod=opinion_lead_pos1

 

So, Who Are the Top Picks?

The lead candidate for the Supreme Court seat is Amy Coney Barrett but she is closely followed by another judge, Barbara Lagoa. I, personally, would like to see Amy Coney Barrett though Logoa would be a solid pick too. I just think Barrett holds the same family and religious values. I must confess, though, I don’t know much about Barbara Logoa.

So let’s take a look at the two. First, let’s talk about Amy Coney Barrett:

  • Amy Coney Barrett was born on January 28, 1972. Hoe depressing, she’s younger than me.
  • She is the oldest of seven children. Her father was an attorney and her mother was a homemaker.
  • In 1994, she graduated magna cum laude with a BA in English from Rhodes College. That’s my degree.
  • She received a full scholarship to Notre Dame Law School and was the executive editor of the Notre Dame Law Review publication.
  • In 1997, she graduated first in her class.
  • After graduating from law school, Barrett served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit.[14] She then spent a year as a clerk to Associate Justice Antonin Scalia of the Supreme Court of the United States.[14] During both clerkships, she was the only female law clerk.
  • From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.
  • Barrett served as a visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School.
  • In 2002, Barrett returned to Notre Dame Law School to teach federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[17] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.
  • While a full-time faculty member at Notre Dame, Barrett was affiliated with Faculty for Life, a pro-life group at the school. In 2015, she signed a joint letter to Catholic bishops that affirmed the Church’s teachings, including “the value of human life from conception to natural death”, and that family and marriage are “founded on the indissoluble commitment of a man and a woman”.
  • President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit.
  • A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[27] During Barrett’s hearing, Democratic Senator Dianne Feinstein questioned Barrett about whether her Catholic faith would influence her decision-making on the court, because in 1998 Barrett wrote an article in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty.[28] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”
  • On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[41][42] On October 30, the Senate invoked cloture by a vote of 54–42.[43] The Senate confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.[11] She received her commission on November 2.
  • She is married to Jesse Barrett, also a lawyer.
  • She has seven kids: 5 of her own and two adopted from Haiti. Her youngest child has special needs.
  • She is a Roman Catholic.

 

I like her. And my feelings are confirmed when Dianne Feinstein and Dick Durbin don’t like her. By the way, her religion is the only line of attack the Democrats have on her. This ain’t going to be a great attack.

Now, let’s look at Barbara Logoa:

 

So these ladies are pretty awesome. There are differences though. Let’s look at them:

  • Amy Coney Barrett and Barbara Logoa are both Catholics but Barrett belongs to some rather orthodox Catholic organizations. This could be a problem for her.
  • Logoa is a Cuban American. Barrett is white but she does have two adopted Haitian kids. Logoa will reach for the Hispanic community, especially in Florida, while Barrett will get props from the black community.
  • Logoa is far more experienced as a judge but also has written some controversial opinions in Florida including about the criminal voting laws. Barrett not so much.
  • Barrett is more likely to overturn Roe v. Wade. Logoa is anti-communist and is likely to vote for big government.
  • They are both textualists.
  • Neither probably ran a rape ring. So there’s that.

 

They are both extremely qualified to be a Supreme Court justice. Neither should have an issue being confirmed. Neither is going to be a big impact on Roe v. Wade. I think both would be fantastic. Barbara Logoa though might have a bigger impact on preventing the expansion of government.

 

https://www.foxnews.com/politics/barbara-lagoa-gets-buzz-as-possible-trump-supreme-court-nominee-because-of-florida-ties
https://www.wsj.com/articles/amy-coney-barrett-is-again-a-top-contender-for-supreme-court-nomination-11600644990?mod=hp_lead_pos2
https://en.wikipedia.org/wiki/Barbara_Lagoa