JCN News Hub

The next Supreme Court vacancy: Will the Left oppose Kagan? No Protestants on the Court?

March 10, 2010  
NRO

From National Review Online’s Bench Memos:  http://bench.nationalreview.com/
By Ed Whelan

If (as I expect) there is a Supreme Court vacancy soon, one big question that will affect the political dynamic over the White House’s selection of a nominee is whether the Left will mount vigorous and effective opposition to the possible nomination of Solicitor General Elena Kagan.  It is a remarkable testament to the perceived political impotence of the Left that everyone seems to take for granted that the answer to that question is no.  

Judicial Crisis Network Seeks Withdrawal of Justice O'Connor in Ohio Race for Chief Justice

March 8, 2010  
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WASHINGTON, D.C. --- The Judicial Crisis Network (Formerly: The Judicial Confirmation Network/www.judicialnetwork.com) in a letter delivered on Thursday, has respectfully asked Justice Maureen O'Connor to withdraw her candidacy for Chief Justice so the current balance of Ohio Supreme Court is preserved.

As it has been reported previously, and noted by Justice O'Connor herself, her candidacy for Chief Justice, if successful, will actually tilt the Supreme Court to the left. Win or lose Governor Strickland will be able to appoint Justice O'Connor's replacement and will undoubtedly appoint a liberal judicial activist to the court.

Forecasting the Next Supreme Court Vacancy and Nominee

February 24, 2010   |   Filed In:
NRO

On SCOTUSblog, Tom Goldstein has a long and interesting post in which he forecasts that (1) Justice Stevens “very likely will retire” this spring; (2) Justice Ginsburg “definitely will not”; and (3) President Obama will nominate Elena Kagan to replace Stevens.

My own assessments differ primarily in nuance from Goldstein’s (and that may well be because he has better access to inside information than I do). As I’ve been saying since September of last year, I believe that Stevens’s hiring of only one clerk for next term is a clear signal that he intends to resign. One circumstance that I think could change Stevens’s plan would be if Ginsburg’s health were to lead her to resign.

Stealth war over judges

February 17, 2010  
Law.com

The scene has become familiar in the U.S. Senate: A nominee for a federal judgeship lingers for months without a confirmation vote, held up by an anonymous objection, but, when the roll is eventually called, not a single senator votes against the nominee.

Long waits, followed by unanimous confirmation.

Conservative Judicial Group Moves Into Crisis Mode

February 11, 2010  
The Blog of Legal Times

The Judicial Confirmation Network, which has been a significant conservative voice in recent Supreme Court confirmation battles, is expanding its mission and adding urgency to its name: from now on, you can call it the Judicial Crisis Network. It will take on state as well as federal judicial battles and the Department of Justice, and issues relating to limited government, a fair judiciary and the rule of law. It is keeping the same Web site.

JCN Expands Efforts to States and New Issue Areas; Changes Name to "Judicial Crisis Network" – Will Meet Challenges at Federal and State Levels

February 11, 2010  
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Statement of Gary A. Marx, Executive Director, Judicial Crisis Network: (Formerly Judicial Confirmation Network)

Just over a year into the new Administration and it has become abundantly clear that defenders of liberty and justice in America have an enormous task at hand. In fact, we face a crisis potentially more threatening than even the current economic crisis.

Friends and supporters of the Judicial Confirmation Network – which led the fight to confirm only highly qualified individuals to the U.S. Supreme Court - have urged the organization to broaden its mission to confront the radical legal and legislative threats facing the country.

We have chosen to accept this new challenge.

Democrats Divide on Voice of Possible Top-Court Pick

February 8, 2010   |   Filed In:
Wall Street Journal

WASHINGTON-Democrats gearing up for a possible Supreme Court vacancy are divided over whether President Barack Obama should appoint a prominent liberal voice while their party still commands a large Senate majority, or go with someone less likely to stoke Republican
opposition.

The court's longest-serving member, Justice John Paul Stevens, has suggested that he may retire at the current term's end in June, when he will be 90 years old

Holder hasn't revealed Justice Dept lawyers who defended Gitmo detainees

January 25, 2010   |   Filed In:
Washington Examiner

You may remember that more than two months ago, amid the controversy over the Obama administration's decision to grant full American constitutional rights to, and hold a civilian trial for, accused 9/11 mastermind Khalid Sheik Mohammed, Republican Sen. Charles Grassley asked Attorney General Eric Holder about Justice Department lawyers who before joining the Obama/Holder team had represented Guantanamo detainees or worked for groups representing them. Grassley pointed to one high-ranking Obama Justice official who formerly represented Osama bin Laden's driver and another who works on detainee issues despite previous advocacy for detainees.

Nelson: Dawn Johnsen Nomination Unlikely to Move This Year

January 21, 2010  
Roll Call

Sen. Ben Nelson (D-Neb.) predicted Wednesday that Dawn Johnsen’s controversial nomination to head the Office of Legal Counsel won’t come up this year.

“I don’t know if it’ll be brought up,” Nelson told reporters Wednesday, noting that Johnsen’s nomination ran into snags last year.

Daniel J. Popeo: Legal activism aids terrorists

January 21, 2010  
Washington Examiner

Since a suicide bomber's attempt to bring down a Detroit-bound airplane on Christmas Day, we've heard a lot about the counterterrorism community's supposed "failure to connect the dots." As a result, directives have been issued calling for improved information sharing and analysis, and agencies were ordered to review their procedures.

Such bureaucratic self-evaluation and narrow focus on the "dots," however, misses a much larger, more central piece of the puzzle - that a legalistic culture, driven by litigious activists, has infected and impaired our war on terrorism.