Does it really make any difference who Trump’s nomination will be to fill the vacancy on the U.S. Supreme Court?

By Jim Campbell

June 30th, 2018

I don’t care who is selected by President Trump as his next nominee for the Supreme Court of the United States of America.

 

 

No I have not lost touch with my senses.

The Supreme Court must not be filled with partisans as we have now and no one must be considered the “Swing Vote.

His main qualification must be that he will render his decisions as our founding fathers had intended through the hand of God they laid down on parchment.

 

 

Some would not speak of him in such harsh terms, and it’s questionable why “Real Jew News was needed in the image above.

It’s troubling that “Anyway the wind blows, Chief Justice John Roberts is now being called the swing vote on the bench.  (Source)

Here is the way he came up with his decision. (Source)

Seriously, where did he come up with the interstate commerce clause to suggest it was a tax when all those supporting the disaster said it “WAS NOT A TAX.” (Source)

Perhaps the only lie Obama didn’t tell us about Obama Care was……….

 

It took the poor and down trodden to be among the first to find out that not only could they not afford the premiums, making it essentially unaffordable, but the deductibles required made them completely useless. 

The Washington Examiner

By Gabby Morrongiello

June 30, 2018

 

Because the Trump White House has done this before, it’s expected to follow the same model: Bring in the same helping hands, and ensure the process goes just as smoothly as it did last spring for Justice Neil Gorsuch.

But the political landscape is different this time around, and some Republican allies have privately expressed concerns about the president’s ability to navigate the situation.

Sen. John McCain, R-Ariz., has been battling cancer back home for months and could leave the GOP in a bind if he doesn’t make it back to Washington for a vote that is expected to take place this fall.

A slew of vulnerable Senate Democrats are facing pressure from progressives to oppose Trump’s nominee, even though a show of bipartisanship could boost them in their re-election races.

 

 

And with anti-abortion conservatives itching to undo abortion protections, at least two centrist Republican senators, Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine — are expected to be a tough sell on any pro-life nominee.

Do we not already have enough divisiveness and wack job facts among those who see themselves as our rulers?

“That’s not a question I’ll be asking them,” Trump told reporters aboard Air Force One on Friday, when pressed about Roe v Wade, a landmark 1973 Supreme Court decision that legalized access to abortion.

A source closely involved in the nomination process last year said questions about key abortion rulings were posed to candidates then and are even more likely to come up now, even if Trump isn’t the one asking them.

According to this person, the final three candidates will likely be asked to submit a questionnaire to the White House counsel’s office outlining their opinions on cases involving hot-button topics like abortion, LGBT protections, civil rights, and religious freedom — issues some Senate Democrats have already alluded to while criticizing Trump’s pool of candidates.

Trump told reporters he has already narrowed down his list of 25 possible nominees to a shortlist with four to five names, including two women and some whom he expects to meet with one-on-one at his Bedminster, N.J., golf club this weekend.

“Outside of war and peace, of course, the most important decision you make is the selection of a Supreme Court judge,” he said Friday en route to New Jersey. “I may have two of them come up, like the old days at Bedminster. It is exciting.”

The president, who intends to announce his nominee on July 9, has already met with three Senate Democrats who supported Gorsuch last April and face difficult re-election races in red states this fall.

One of the three — Indiana Sen. Joe Donnelly — said he had a “good conversation” with the president about the qualifications and judicial philosophy of potential nominees. Donnelly was joined by Sens. Joe Manchin, D-W.Va., and Heidi Heitkamp, D-N.D., for the Wednesday night meeting at the White House.

Once Trump selects a nominee, he or she will work with a guide, or sherpa, to set up courtesy visits with dozens of senators.

 

Gorsuch participated in 72 such meetings before his confirmation hearing last March, during which he was accompanied by former GOP Sen. Kelly Ayotte.

Ayotte told a local New Hampshire media outlet earlier this week she would be open to assisting Trump’s second nominee through the same process.

“I think it is an important position for the country, and I’m sure that the White House has a strong plan, having already gone through one of those confirmation processes,” she said in an interview with WMUR.

Some former White House officials and outside advisers are less convinced that Trump and his aides have a firm plan in place, following reports that the administration did not receive advance notice of Kennedy’s retirement.

“They’ve been so caught up in trade, North Korea, and recently immigration.

This was not on their radar and McGahn is overwhelmed,” a source familiar with the situation told the Washington Examiner, adding that the White House “will no doubt figure things out.”

Trump is scheduled to depart on an overseas trip to Europe a day after he announces his Supreme Court nominee, leaving much of the heavy-lifting to the White House counsel’s office, McConnell, and Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

McConnell said in a floor speech earlier this week he hopes to have the nominee confirmed by the start of the new court term on Oct. 1, just over a month before the November midterm elections.

In his new book, Sen. Lee explains how the Supreme Court ruled on the Affordable Care Act last June and why he thinks Chief Justice John Roberts may have been intimidated into changing his vote.

“So in my book, I explain what the Supreme Court did when it upheld this law. Even after finding this it exceeded Congress’ authority under the Constitution, the Supreme Court rewrote it in order to save it.

Rewrote it not just once, but twice,” he said.

“As I pointed out in the book, there are a lot of indication that Chief Justice Roberts may well have taken a different approach right after oral argument, but then changed his position.

And it just so happens that it was during that same period of time, between the oral argument and the time the court issued the opinion on June 28 of last year, that there was a real campaign of intimidation by a lot of Democrats in the Senate, and also by the White House.”

Please see the entire article below.

 

During that period of time, Sen. Lee points to the statements made by many Democrats regarding how history will remember Roberts and how his credibility and legacy will be irreparably tarnished if he did not uphold Obamacare.

Furthermore, Sen. Lee, a former Supreme Court clerk for Justice Samuel Alito, describes the unusual tone of the dissenting opinion that led him to believe it may once have been written as the majority opinion.

“First of all, the mere fact that the dissenting opinion was written in many respects in the language of a majority opinion – it self-suggests to me that originally, Chief Justice Roberts was going to be part of what would have been a majority opinion,” Sen. Lee explained.

“It doesn’t sound like a dissent.

It refutes the arguments put forward by the government more than it does direct itself primarily toward refuting the arguments of the opinion of the court.”

“There are a lot of people that said, ‘Oh, look how great this is.

He’s coming across the aisle,’” Glenn said of Roberts’ vote.

“Yes, and I specifically address that point,” Sen. Lee responded.

“What I explain is there is no aisle in the Supreme Court.

There is no aisle on that bench. Either literally or figuratively.”

The culture of the Supreme Court, according to Sen.

Lee, is such that once a justice is confirmed by the Senate, the significance of whether one is appointed by a Republican or Democrat becomes “completely irrelevant.”

“So what I do is try to debunk systematically these argument that is suggest that this may have just been a brilliant move by John Roberts to try to preserve his reputation as Chief Justice,” Sen. Lee said.

“It is not about reputation.

It is about the right answer under the law.

The right answer was not to rewrite the thing in order to save it.”

One of the primary problems with the Supreme Court’s decision to uphold the law was the reasoning behind it.

Obamacare was unable to pass the Democratically controlled House and Senate as a ‘tax’ because it was so politically toxic, and yet the Supreme Court ruled in favor of the law based on the fact that it is, in fact, a tax.

“It required a difficult act of legal gymnastics,” Sen. Lee said of Obamacare’s upholding.

“As I explained, what [Roberts] did was to say you know, I know this appears to be a penalty.

And, in fact, he found that it was a penalty and not a tax for purposes of the anti-injunction action, which had he reached the opposite conclusion would have said the court couldn’t even address this case right now, probably for another two years after that.”

Basically, the Supreme Court ruled the ACA is a penalty for some purposes and a tax for others. When it came to the Constitutional analysis, the law ultimately had to be ruled a tax or else it would have been unconstitutional.

One of the primary reasons Sen. Lee chose to write this book is because the issue is much larger than any single law or Supreme Court decision.

Stu pointed out his personal frustration with the fact that it always seems people on right are compromising, while those on the left rarely do.

 

“The quickest explanation, the natural gravitational pull in Washington is towards bigger government and toward the erosion of the separation of powers along the vertical and horizontal axes,” Sen. Lee said.

“That is the natural gravitational pull in this city.

The reason we have hope is that the national gravitational pull the American people feel is not in that direction. Momentum is starting to move and it is moving in our favor.

I explained in the book, we can move it, but we have to motivate people to expect more.”

“It’s always a pleasure and I’m glad that you are in Congress,” Glenn said. “Senator Mike Lee, thank you so much for everything that you do. God bless.”

 

THE END