This week, President Donald Trump fulfilled his promise to nominate a very qualified and intelligent conservative judge. Neil Gorsuch is likely a very good pick. However, given the past history, the enormous post-constitutional pressure even in some circles of the conservative legal movement, and so much terrible court precedent, it is yet to be determined if Gorsuch has the resolve to not get sucked into the swamp.
Perhaps the most important quality for a constitutionalist Supreme Court justice is something that Scalia demonstrated in spades: backbone. There will be times when the proper reading of the Constitution will diverge sharply from the conventional wisdom of D.C.
Is there a constitutional principle so sacrosanct that it can abide no exceptions? Perhaps the First Amendment? Nope. Courts have placed reasonable restrictions on free speech and the practice of religion. You can’t libel someone, nor can you sacrifice live animals. The Second Amendment? No again, as any number of gun laws attest. One can find reasonable exceptions to just about every constitutional principle.
But 43 years ago, trawling through the penumbra and emanations of the Constitution, Justice Harry Blackmun found an inviolable right that had somehow evaded the Founding Fathers: the right to kill a child in utero—mere inches from being fully born, even—for any reason or no reason. Read Roe v. Wade some time; you’ll see it’s a conclusion in search of reasons, an exercise in “raw judicial power,” in the words of dissenting Justice Byron White.
At the White House this morning, President Obama announced his nominee for the U.S. Supreme Court — Judge Merrick Garland of the Circuit Court of Appeals for the District of Columbia.
The media are dutifully attempting to spin Garland as a “centrist” or a “consensus choice.” Consider this headline from the Los Angeles Times: “It’s Going To Be Hard For Conservatives To Oppose The Careful, Moderate Merrick Garland.”
Don’t be fooled, my friends. Barack Obama was never going to nominate a moderate to the U.S. Supreme Court. It won’t be hard at all to oppose Merrick Garland.
There was considerable concern in recent days among far-left activists that Obama might nominate Garland. After all, they kept hearing about how moderate he was, and they really want a dedicated liberal.… Continue Reading
We are thrilled to be able to endorse a solid Republican candidate for U.S. Senator, and a challenger to incumbent liberal Republican Mark Kirk. James Marter is pro-life, pro-marriage and understands the importance of religious liberty. On the other hand, Illinois’ incumbent junior senator has a long record of actively opposing conservative Christian values. Kirk has voted to continue tax dollars for Planned Parenthood, publicly celebrated the U.S. Supreme Court’s redefinition of marriage, co-sponsored the radical Equal Rights Amendment and voted against the Religious Freedom Restoration Act.
Marter, a 53-year-old software consultant, has been married for 30 years to Jill, and have four grown children. They are active in St. Ann Parish in Oswego.
Marter believes in smaller government with less taxes and regulations. He would vote to prosecute Planned Parenthood for selling aborted and live baby parts, fight to enforce immigration laws, work to balance the federal budget, work to eliminate federal funding in Common Core and uphold the right to bear arms.… Continue Reading
Donald Trump says a lot of things. We’ve become all too used to that now. Some of these things should probably be taken with a grain of salt — “Only Rosie O’Donnell” comes to mind — but some deserve to be analyzed more closely.
Here’s an example. Remember Trump’s discussion about U.S. Supreme Court Justices back in August with Bloomberg Politics? Mark Halperin asked Trump, “Is there someone out there today who isn’t on the [Supreme Court], but say, this is the kind of person I would consider for the court? How about your sister? Think she’d be a good Supreme Court Justice?”
Trump responded, “Well, I don’t want to mention names, I think it’s inappropriate to mention names, certainly at this stage so early when we have a long way to go.… Continue Reading
Republicans and conservatives rarely even attempt to disseminate information about the U.S. Constitution to the uninformed and misinformed. Of course, that is a bit much to ask when too many on our side aren’t even clear on what it says.
For many who have attended most law schools in the country, the chances are greater than not that they came away with the idea that, not only is the U.S.… Continue Reading
Written by Maggie Gallagher
On June 26, a narrow majority of U.S. Supreme Court justices struck down the traditional definition of marriage, ruling all 50 states must recognize same-sex unions as marriages.
The four dissenters included the usually mild-mannered Chief Justice John Roberts, who called the majority opinion “dangerous to the rule of law”: “The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent.”
Chief Justice Roberts also underscored the “serious questions about religious liberty” the decision raises: “Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage. . .there is little doubt these and similar questions will soon be before this Court.… Continue Reading
As the U.S. Supreme Court readies to hear arguments in favor of same-sex marriage on Tuesday, April 28, Republican presidential candidate U.S. Senator Ted Cruz (R-TX), urged pastors across America to preach and pray against it because “marriage was God’s idea, and He will preserve it, with or without us.”
“We know that marriage is intended to be sacred, beautiful, and nourishing. If you do not influence your congregation’s understanding of marriage, who will fill the void? Hollywood? Divorce courts?” asked Cruz in a letter sent to tens of thousands of pastors highlighted by CBN News.
“Prayer moves our God to intervene in history. Prayer softens our hearts and brings us into alignment with the heart of God. The church has not shared the truth about marriage well: it is time to repent and commit ourselves to courage on this front,” said Cruz.… Continue Reading