Tag Archives: The US Supreme Court

The US Supreme Court has made a Right Turn….

Elections have consequences….

We are seeing that in the decisions coming down from America’s highest  court…

Clinton’s lost was Conservatives gains from the court….

The Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years.

Things looked very different when the justices wrapped up their work this week.

The court’s final decisions and orders were almost emphatic declarations, if there had been any doubt, that this is once again a conservative-leaning court that may only move more to the right in the years to come.

The justices gave President Donald Trump the go-ahead to start enforcing at least part of his travel ban, showed that the wall between church and state is perhaps not as high as it once was and invigorated a baker’s religion-based refusal to create a wedding cake for a same-sex couple.

“Liberals were certainly looking forward to a Clinton presidency that would alter the direction of the court. This was not an outcome we predicted,” said Nan Aron, president of the liberal Alliance for Justice.

The first casualty of Trump’s election was Garland, the appellate judge whom President Barack Obama nominated to the high court. Instead of Garland on the far right of the bench where the newest justice sits, there was Justice Neil Gorsuch. The placement also meshed with his votes. The Trump nominee who joined the court in April, Gorsuch staked out the most conservative position in a number of closely watched cases, including the one on the travel ban….

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All the Supreme’s side with Mexican immigrant in deportation case…

…from the NY Daily News….

The Supreme Court on Tuesday sided with a Mexican immigrant who faced deportation after he was convicted of having consensual sex with his underage girlfriend.

The justices ruled unanimously that while Juan Esquivel-Quintana committed a crime under California law, his conduct did not violate federal immigration law. The ruling allows him to remain in the U.S.

The opinion comes as the Trump administration steps up enforcement of the nation’s immigration laws, including deporting those who commit crimes. Immigration arrests have increased 38 percent this year, compared with a similar period last year.

California law makes it a crime to have sex with anyone under 18 if the age difference is more than three years. That applied to Esquivel-Quintana, who had sex with his 16-year-old girlfriend before and after his 21st birthday.

But Esquivel-Quintana said his conduct would have been legal under federal law and the laws of 43 other states that are less strict. The government argued that courts should defer to immigration officials in interpreting laws that are vague.

Writing for the court, Justice Clarence Thomas said the generic federal definition of sexual abuse of a minor requires the victim to be younger than 16. Since Esquivel-Quintana’s conduct did not constitute sexual abuse under federal immigration laws, Thomas said the state conviction did not count as an aggravated felony and he could not be deported….

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Judge Gorsuch confirmed to the Supreme’s….

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No surprise here…

The vote was 54-45….

The guy is only 49 years old….

He could be a judge for  decades….

We’ll have to see if he’s as hard right as Scalia….

Trump and the Republiocans finally get a win….

The Democrats get nothing …..

This was a done deal when Hillary Clinton lost….

Most American’s though,  won’t care about this…

Judge Neil M. Gorsuch was confirmed by the Senate on Friday to become the 113th justice of the Supreme Court, capping a political brawl that lasted for more than a year and tested constitutional norms inside the Capitol’s fraying upper chamber.

The development was a signal triumph for President Trump, whose campaign last year rested in large part on his pledge to appoint another committed conservative to succeed Justice Antonin Scalia, who died in February 2016. However rocky the first months of his administration may have been, Mr. Trump now has a lasting legacy: Judge Gorsuch, 49, could serve on the court for 30 years or more.

Vice President Mike Pence presided over the final vote Friday, a show of force for the White House on a day when his tie-breaking vote as president of the Senate was not necessary. The final tally was 54-45 in favor of confirmation.

The confirmation was also a vindication of the bare-knuckled strategy of Senate Republicans, who refused even to consider President Barack Obama’s Supreme Court pick, Judge Merrick B. Garland, saying the choice of the next justice should belong to the next president…..

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image…slate.com

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Trump Supreme Court pick Gorsuch starts open job interview hearings before the Senate…

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Neil Gorsuch has began his confirmation hearing before the US Senate for the job of US Supreme Court judge repelcing the the opening on the court from the Anthony Scalia passing….

Judeg Gorsuch will be confirmed barring any major slip-up….

But Democrats will be asking him hard questions ….

Judge Neil Gorsuch’s confirmation hearing for a seat on the Supreme Court began Monday morning, giving President Trump his first chance to make a lasting imprint on the federal judiciary — and Republicans a fresh test to work their will now that they control all of Washington’s levers of power.

Gorsuch, a federal appeals court judge from Colorado, was promoted by conservative legal activists because of his sterling credentials, a decade of right-of-center rulings and his allegiance to the same brand of constitutional interpretation employed by the late justice he would replace, Antonin Scalia.

“Single best thing the president’s done,” said Sen. Lindsey O. Graham (R-S.C.), a frequent Trump foil who predicted Republican unity on the matter and an easy victory for the president following the string of controversies that Trump has wrought since he took office.

All of that also sets up a stark dilemma for Senate Democrats. Monday brings their newest opportunity since the confirmation hearings of Trump’s Cabinet to take a stand against a young administration that has horrified liberal Americans with efforts to strip away provisions of the Affordable Care Act, impose an entry ban on some immigrants and deeply cut federal agencies.

The left also remains angry about a Supreme Court seat that has been vacant since Scalia died 13 months ago because Senate Majority Leader Mitch McConnell (R-Ky.) decided to block a hearing for President Barack Obama’s selection for the seat, Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit…..

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image…NBC News

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Trump picks Neal Gorsuch for Supreme Court…

Neal Gorsuch

Neal Gorsuch, 49

Judge on the U.S. Court of Appeals for the 10th Circuit in Colorado

Gorsuch, 49, would not bring the outsider credentials represented by others on Trump’s list — graduated high school from Georgetown Prep and his mother was head of the Environmental Protection Agency. He is seen as a reliable conservative with a reputation for clear and lucid writing.

Profile: Neil Gorsuch naturally equipped for his spot on Trump’s Supreme Court shortlist

Law school alma mater: Harvard

Career: Clerk for Justices Byron White and Kennedy; deputy assistant attorney general at the Justice Department

Key opinions

Washington Post…

Update…

President Trump campaigned as a Washington outsider. But his first Supreme Court nominee, Judge Neil M. Gorsuch, has deep roots in the city and the establishment Mr. Trump often criticized.

Judge Gorsuch’s mother was a high-level official in the Reagan administration. He spent part of his childhood in Washington and practiced law here for a decade, at a prominent law firm and in the Justice Department.

And, like all of the current justices, Judge Gorsuch is a product of the Ivy League, having attended college at Columbia and law school at Harvard.

But there is no doubt about his conservative credentials. And if there is a justice whom he most resembles, it is the one whose seat he has been nominated to fill, Justice Antonin Scalia.

Judge Gorsuch, 49 — who was appointed to the United States Court of Appeals for the Tenth Circuit, in Denver, by President George W. Bush — is an originalist, meaning he tries to interpret the Constitution consistently with the understanding of those who drafted and adopted it. This approach leads him to generally but not uniformly conservative results.

“Ours is the job of interpreting the Constitution,” he wrote in a concurrence last year. “And that document isn’t some inkblot on which litigants may project their hopes and dreams.”

Judge Gorsuch has not written extensively on several issues of importance to many conservatives, including gun control and gay rights. But he has taken strong stands in favor of religious freedom, earning him admiration from the right….

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A Trump Supreme Court pick would only be Status Quo at worst….

If he is able to get thru a Right Wing choice?

It would only be replacing ANOTHER Right wing choice …Antonin Scalia, Right?

McConnell didn’t budge even when Obama chose the eminently qualified and eminently moderate Judge Merrick Garland.

McConnell’s gambit was a raw power play — to put it charitably — with scanty precedent at best. That it paid off infuriates progressives even more: Before November, Democrats could look forward to years, maybe decades, of at least a five-vote majority of Obama and Hillary Clinton appointees on the court, given the likelihood that liberal Justices Ruth Bader Ginsburg (83) and Stephen G. Breyer (78) would retire in a first Clinton term. A sixth liberal to replace 80-year-old moderate conservative Anthony M. Kennedy was possible, too.

A 5-4 — or 6-3 — liberal-majority Supreme Court could have reigned over federal courts that have already tilted left after eight years of Obama appointments. A second Warren court was at hand: Foreseeable results included abolition of the death penalty, solidified transgender rights, strengthened gun control, increased power for federal environmental regulators and, in response to Black Lives Matter, stricter constitutional scrutiny of the police.

So when Senate Minority Leader Charles E. Schumer (D-N.Y.) threatens to fight “tooth and nail” against an “out of the mainstream” Trump pick, perhaps keeping the court split between four Democratic and four Republican appointees, he is expressing both his party faithful’s fear of what a Trump pick would do, and their grief over what might have been.

The stakes aren’t necessarily apocalyptic, though, at least not immediately. If confirmed, a Trump-anointed conservative would simply restore the status quo ante Scalia’s death: an evenly divided court with Reagan appointee Kennedy as a persuadable swing vote….

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Note….

The word is Trump’s  list is down to three white male Federal Appeals Court  judges….

Judge William Pryor in Alabama…

Judge Neil Gorsuch in Colorado….

Judge Thomas Hardiman in Pennsylvania….

At this time it take 60 US Senators approval vote for confirmation for the live time job on the nations highest court….

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The vote for President is also a vote on the Supreme Court….

Daily Kos seeks to remind it’s readers that a vote FOR President isn’t just about Hillary Clinton….

It’s a vote of who could be placed on the nation’s highest court….

The laws pasted by this court have a HUGE effect on so many things..

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What does Mitch MConnell do about Supreme Court Confirmation for Garland?

Hmmmmm?

Don’t look like Donald Trump will be making the cut…..

Senate Majority Leader MitCh MConnell is gonna have to make a call in the next two months before the November Gneral election…..

Hillary Clinton COULD ask President Obama to pull the Garland appointment if she wins on November 8th and the Senate  majority is under the control of New York Democratic Senator Chuck Schumer…

Her own choice , with a Democratic Senate majority, could a Liberal…..(and she could have  few more in the next two years of a Democratic Senate majority)

Hmmmm?

With yet another poll showing Hillary Clinton ahead of Donald Trump by double digits — this time from NBC|SurveyMonkey — Senate Majority Leader Mitch McConnell has an important choice to make. Does he continue to block President Obama’s pick to fill the Supreme Court vacancy, Merrick Garland, and risk the possibility that a President Hillary Clinton could nominate someone much more liberal (and younger) instead? Or does he relent on the Garland blockade, realizing that it might be the best outcome for Senate Republicans — simply to turn the conversation away from Trump?

McConnell’s office tells us that he remains firm in his opposition to the Garland pick. “The Leader has been clear: The next president will make the nomination for this vacancy,” says Deputy Chief of Staff Don Stewart. But Democrats are making a separate argument: If Republicans are looking for any way to separate themselves from Trump, moving on Garland would do the trick. “Congress is likely to be in session for a grand total of 20 days between now and the election, and it’s clear that confirming Garland a vote is the only concrete, news-driving step that Republicans can take to separate themselves from Trump,” a top Democratic Senate official says…..

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Despite Senate GOP Majority leader McConnell…Republican Senators WILL meet with Obama Supreme Court pick Garland…

Yup….

Mitch McConnell says HEW won’t give the President’s choice a meet and greet , hearing or vote….

That may work for him….

But several Republican Senator’s in states that have voted for the Democratic President, or have tough races?

They CANNOT afford to be seen bucking againsat a increasing popular President’s wishes to get a vote on his pick for the nations highest court…..

There are breaks on the Conservative try to derail the President’s action…

Sen. Lisa Murkowski (R-Alaska) will meet with President Obama’s pick to fill the vacancy on the Supreme Court next month.

Murkowski spokeswoman Karina Petersen told the Fairbanks Daily News-Miner that the Alaska Republican will meet with Supreme Court nominee Merrick Garland after the White House reached out.

The meeting, however, has not been scheduled.

Petersen also suggested that Murkowski, who is not on the Judiciary Committee, will support giving Garland a hearing, adding “the senator never held that position that the nomination should not be considered.”

Murkowski, who is up for reelection in November but is not viewed among the most-vulnerable GOP senators, is the latest Republican lawmaker to agree to meet with Garland.

He’s expected to have his first meeting with a Republican lawmaker, Sen. Mark Kirk (R-Ill.), on Tuesday. Republican Sens. Kelly Ayotte (N.H.) and Susan Collins (Maine) have also said they will meet with Garland.

Roughly a dozen Republican senators have suggested they are open to meeting with Garland. Most say they will use the meetings to reiterate that they believe the Supreme Court seat should remain vacant until next year….

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Kasich would consider Garland for the US Supreme Court….

Hmmmm?

This is NOT what the company (GOP) line is , Is IT?

Republican presidential hopeful John Kasich said on Saturday that Senate Republicans should meet with President Obama’s Supreme Court nominee Merrick Garland.

“I never thought the president should send it because I knew nothing was going to happen,” Kasich told CBS’ “Face the Nation” in a taped interview set to air in full Sunday. “Frankly, they probably ought to all sit down and meet with the guy.”

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The President is said to have just three names on his list for the Supreme’s….

The Senate Majority leader Mitch McConnell has siad that there will be NO vote on any name sent up and he says the Senate won’t even do interviews…

The Demnocrats and media intaillly made a fuss about this….

But the Republicans want to wait until after election day in November ….

Wouldn’t it be ioronic if Hillary Cllinton won the Presidency and Republicans lost the =ir Senate majority in November?

President Obama is finalizing his decision on a Supreme Court nominee to replace the late Antonin Scalia and appears to have narrowed his choice to three candidates, according to people with knowledge of the vetting process.

The three under consideration are Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit; Sri Srinivasan, a judge on the same court; and Paul Watford, a judge on the California-based U.S. Court of Appeals for the 9th Circuit.

Obama said this week that he wanted to make a decision quickly, and his announcement could come as early as next week, the sources said….

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Mitch McConnell is helping Hillary Clinton by thwarting Obama on a High Court Appointment…

Hours after we found out that Associate US Supreme Court Justice Antoinn Scalia was gone…..The Majority Leader of the US Senate was out with the pronouncement that the President of the United States should not even think about replacing the judge….

While the issue has been low in the media in terms of overall politics….

It HAS had a profound affect on Blacks who have paid attention to the issue…..

They are keely aware that in having President Obama, the nations first Black (mixed) race President could make a appointment that could be essential in helping Blacks and Browns , for that matter in making headway in helping them achieve equal treatment from America….

That so even more with the prospect of a Donald Trump led Republican effort to get the Presidency…..

Blacks and Browns, at least the older ones, have stuck with Hillary Clinton as their choice to carry the fight for more support for minorities from the White House and Clinton has made no bones that SHE will continuethe efforts Barack Obama …..

By seeking to block Obama?

McConnell and the Republicans are playing into the Clinton campaign’s support of President Obama….

While Bernie Sanders is trying to sell the idea that HE would be better for Blacks and Browns by his economic and social wants?

Black OVERWHELMINGLY seem to be sticking with the Clinton’s according to polling and Republicans seem to be helping Hillary Clinton with their court play…

When Senator Mitch McConnell of Kentucky, the majority leader, said after Mr. Scalia’s death on Saturday that the next president, rather than Mr. Obama, should select a successor, the senator’s words struck a familiar and painful chord with many black voters.

After years of watching political opponents question the president’s birthplace and his faith, and hearing a member of Congress shout “You lie!” at him from the House floor, some African-Americans saw the move by Senate Republicans as another attempt to deny the legitimacy of the country’s first black president. And they call it increasingly infuriating after Mr. Obama has spent seven years in the White House and won two resounding election victories.

“Our president, the president of the United States, has been disrespected from Day 1,” Carol Richardson, 61, said on Wednesday as she colored a customer’s hair at Ultra Beauty Salon in Hollywood, S.C., a mostly black town near Charleston. “The words that have been said, the things the Republicans have done they’d have never have done to another president. Let’s talk like it is, it’s because of his skin color.”….

For Hillary Clinton, who is increasingly relying on nonwhite voters to ensure her success against Senator Bernie Sanders of Vermont, the court issue could be especially crucial. Should she defeat Mr. Sanders, who has electrified many liberals, she will need a motivating issue to bring Mr. Obama’s loyalists to the polls. She moved swiftly Tuesday to tap into the anger of blacks over the opposition of Senate Republicans to Mr. Obama’s naming a replacement for Justice Scalia.

“Now the Republicans say they’ll reject anyone President Obama nominates no matter how qualified,” Mrs. Clinton said in remarks before a predominantly black audience in Harlem. “Some are even saying he doesn’t have the right to nominate anyone! As if somehow he’s not the real president.”….

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Note…..

Chris Cillizza @ The Fix…..

Put simply: Don’t expect McConnell or the rest of Senate Republicans to move off their current “no vote” posture. There’s absolutely no political reason for them to……

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top image…thehill.com

bottom image…benghazicoalition.org

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The Supreme’s hold Up President Obama Climate Change Reg’s…

Could this be be a bad omen for the President’s Immigration case before the court also?

The Supreme Court dealt a surprising setback to President Obama on Tuesday by putting his climate change policy on hold while a coalition of coal producers and Republican-led states challenges its legality.

The justices, by a 5-4 vote, issued an unusual emergency order that blocks the Environmental Protection Agency from moving forward with its effort to reduce carbon pollution from power plants by 32% by 2030.

The order said the EPA’s “carbon pollution emission guidelines” for power plants are “stayed pending” a decision from the U.S. Court of Appeals for the District of Columbia Circuit, which will hear the case this summer.

It is rare for the high court to intervene in a case pending in the lower courts. The brief order suggests that most of the justices have doubts about the legality of the EPA’s policy.

The order could also be a sign that conservative justices are increasingly skeptical of Obama’s use of executive authority…..

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Barack Obama to the Supreme’s?

That’s a thought that Hillary Clinton has advanced if the choice would come her to replace a retiring US Supreme Court Justice…

This is something Democratic voters should conside in November….

Up to 3 memebers of the court COULD be appointed to replace retirements on the court….

At a campaign event in Deocorah, Iowa on Tuesday, Hillary Clinton lit up when a voter asked her if she would consider appointing the president to the Supreme Court should she win the White House.

“Wow, what a great idea. No one has ever suggested that to me, I love that, wow,” the Democratic presidential candidate responded. “He may have a few other things to do but I tell you that’s a great idea.”

Clinton went on to talk about how the next president could have to appoint up to three Supreme Court justices, but she then circled back.

“I would certainly take that under advisement,” she told the crowd of 450 people inside a ballroom at the Winn Hotel about a potential Justice Obama. “I mean he’s brilliant, and he can set forth an argument, and he was a law professor, so he’s got all the credentials.”

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The Supreme’s to rule on Obama’s Excutive order on Immigration…

Oh, Boy….

This move is going to land Immigration right on the steps of the fall Elections in june…..

If the court rules against the President?

The Republicans get THEIR solution and probably lose any chance for Hispanic/Latino votes…(But cuts off Cruz and Rubio’s attempts to get to middle….Trump would double down on HIS message…)

If the court rules for the President?

The Democrats keep their history of Hispanic/Latino voter support….This would vastly help Hillary Clinton….

The court could come down simply for the President as the guy who runs Immigration policy ….Or…They could say he didn’t follow the prodocal on how he rolled out his excutive action….

The White House has always been waiting for this to land in the Supreme’s lap….

The Supreme Court announced Tuesday that it will take up a case challenging the legality of President Barack Obama’s executive actions aimed at granting quasi-legal status and work permits to up to five million people who entered the U.S. illegally as children or who have children who are American citizens.

The high court’s widely-expected move gives Obama a chance to revive a key legacy item that has been in limbo for nearly a year, since a federal judge in Texas issued an order halting immigration moves the president announced just after the 2014 midterm elections.

The justices are expected to hear arguments on the issue in April and to hand down a ruling by the end of June. Illegal immigration has already been a hot topic in the presidential contest, but the high-profile attention brought on by the Supreme Court fight could amp up the debate even further as the campaign plays out this spring and summer……

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President Obama will take his Executive Immigration Action to the Supreme’s…

This was probably the plan from the jump….

President Obama KNEW that he would get no Ok from the Southern/Western Federal judges on his deportation policies…..

 

……“The Department of Justice remains committed to taking steps that will resolve the immigration litigation as quickly as possible in order to allow DHS to bring greater accountability to our immigration system by prioritizing the removal of the worst offenders, not people who have long ties to the United States and who are raising American children,” said Patrick Rodenbush, a spokesman for the Justice Department. “The Department disagrees with the Fifth Circuit’s adverse ruling and intends to seek further review from the Supreme Court of the United States. “

A ruling from the Supreme Court, which could come by next summer, is likely to be the last chance for Mr. Obama to begin carrying out the plan — known as Deferred Action for Parents of Americans — before handing the presidency to his successor in 2017, possibly to a Republican who could refuse to move forward….

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image…politico.com

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