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Rather Than Smearing Justices, Democrats Should Be Asking Them For Ethics Lessons


BY: DAVID HARSANYI | MAY 02, 2023

Read more at https://thefederalist.com/2023/05/02/rather-than-smearing-justices-democrats-should-be-asking-them-for-ethics-lessons/

Dick Durbin
The hearing is a transparent effort to delegitimize the Supreme Court.

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The concerted effort by the media and Democrats to delegitimize the Supreme Court is the most consequential attack on our institutions in memory.  Make no mistake. Today’s “Supreme Court Ethics Reform” hearing is meant to discredit the high court and slander justices with innuendo. Nothing else. Democrats are angry because the court happens to occasionally uphold basic constitutional principles of American governance. Democrats are nervous that originalist justices are going to weaken the administrative state or hand power back to localities or protect religious liberty or gun rights.

The recent hit pieces on Justices Clarence Thomas and Neil Gorsuch were shoddy and transparently partisan. They did not uncover any conflict of interest nor corruption. They exist to give politicians fodder and hackish outlets like The Washington Post the freedom to contend that the Senate is “consider[ing] strengthening ethics rules for the Supreme Court in response to a cascade of revelations about unreported lavish travel and real estate deals.”

Most Post readers will, no doubt, be unaware that there has been no “unreported” lavish travel or real estate deals. There is one amended note in a financial disclosure by Thomas — who had no ethical or legal obligation to check in with Democrats whenever he travels. In Politico’s Gorsuch hit, the reporter didn’t even know how to read a basic disclosure form. Everything, including a real estate deal that Gorsuch was allegedly attempting to conceal, was reported.

The fact that the same histrionic coverage did not accompany Justice Ketanji Brown Jackson’s amended financial disclosures in 2022 nor Justice Sonia Sotomayor’s amended financial disclosures in 2021 nor Justice Stephen Breyer’s long-term travel arrangements, which were often reimbursed by the wealthy Pritzker family, is no accident.

The committee chair, Dick Durbin, contends he merely wants the justices to abide by the ethics rules that Congress has drafted for itself. If they did, it would mean a complete degradation of standards in the court.

Because while there has not been a scintilla of evidence offered by anyone that the originalist justices have altered their judicial philosophy or approach for personal benefit, one could not say that same thing about the leader of the delegitimization effort, Durbin, who, according to a 2014 Chicago Tribune investigation, used his office and power to help enrich his lobbyist wife:

Among the areas of overlap in the Durbins’ careers: her firm getting a one-year contract with a housing nonprofit group around the time the senator went to bat for the organization and others like it; a state university receiving funds earmarked by Durbin when his wife was its lobbyist; and Durbin arranging federal money for a public health nonprofit when his wife was seeking state support for the same group.

Durbin did not pay a fine or face any repercussions for this conflict of interest. Then again, do you know how many officials the Senate Select Committee on Ethics has issued disciplinary sanctions to since 2007? Zero.

  • Not Judiciary Committee member Dianne Feinstein, whose husband Richard Blum, an investment banker, made some amazingly prescient trades in the biotech sector during Covid-19.
  • Not Judiciary Committee member Richard Blumenthal, D-Stolen Valor, and his wife, who happened to trade shares of Robinhood before calling for an investigation and then lie, not surprisingly, about the family’s significant stock ownership.
  • Not Judiciary Committee member Sheldon Whitehouse, who not only traded health care stock through his and his family’s accounts while pushing to pass a medical bill directly related to that sector but also used his seat to prop up a green energy concern that supported his campaign.
  • Nor Judiciary Committee member Peter Welch, who was buying stock in a German coronavirus test producer after hearing intelligence briefings on the matter.
  • Nor Durbin himself, who unloaded investments right after a private meeting with the then-Treasury secretary and Federal Reserve chairman during the 2008 financial collapse.

Remember that Durbin has been a central figure in the corroding Senate decorum and public confidence in the court for decades. In 2003, for the first time in history, a filibuster was used to stop an appeals-court nomination. Miguel Estrada, a talented Honduran immigrant, was targeted for much the same reason Democrats have targeted Thomas: he refused to adhere to the left’s stereotypes. We know this because in leaked memos from Durbin’s office, Estrada is identified “as especially dangerous, because he has a minimal paper trail, he is Latino, and the White House seems to be grooming him for a Supreme Court appointment.”

Durbin supported Harry Reid’s efforts to get rid of the judicial filibuster. When it was gone, he demanded Republicans rubber stamp left-wing nominees. When unable to stop appointments with votes, Durbin engaged in ugly smear campaigns.

In 2017, it was Durbin who asked Amy Coney Barrett to answer for her Catholicism. The implication, of course, was that orthodox Catholics are unable to uphold the law. In 2020, he would announce his “no” vote on Coney Barrett’s SCOTUS nomination before ever meeting with her. During the Brett Kavanagh hearings, Durbin did his best to portray the nominee as a gang rapist.

After years of slandering members of the court for the purpose of delegitimizing them, Democrats will bring up the fact that the polls show a diminishing trust in the Supreme Court as if it happened in a vacuum or as if they did not intend for this to happen. This is their doing. They are the ones creating the perception of corruption where there is none. And why? Because the Constitution is a hindrance to their agenda. It’s that simple.  

Durbin tried to get Chief Justice Roberts to participate in his partisan clown show, claiming it was time “for Congress to accept its responsibility to establish an enforceable code of ethics for the Supreme Court, the only agency of our government without it.” The Supreme Court is an equal branch of the government, not an agency for Durbin to bully. And, outside of impeaching someone, Congress has no power to dictate how it conducts business. If anything, Congress should be looking to the justices to learn how to act decently.


David Harsanyi is a senior editor at The Federalist, a nationally syndicated columnist, a Happy Warrior columnist at National Review, and author of five books—the most recent, Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent. He has appeared on Fox News, C-SPAN, CNN, MSNBC, NPR, ABC World News Tonight, NBC Nightly News and radio talk shows across the country. Follow him on Twitter, @davidharsanyi.

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MARGOT CLEVELAND Op-ed: Why the Right Should Root for Biden to Pick the Most Insane Supreme Court Nominee


COMMENTARY BY: MARGOT CLEVELAND | FEBRUARY 01, 2022

Read more at https://thefederalist.com/2022/02/01/why-the-right-should-root-for-biden-to-pick-the-most-insane-supreme-court-nominee/

Supreme Court Justice Stephen Breyer

With Thursday’s official announcement by Justice Stephen Breyer of his impending retirement, conservatives are strategizing on the best approach to prevent confirmation of a leftist activist justice. Instead, Republicans should be praying that President Biden nominates the looniest, most far-left lawyer possible for a slot on the high court. Why? Because history has proven that a far-left justice will be no worse than a moderately liberal justice in the casting of Supreme Court votes, meaning there is no downside to a far-left pick, while the upside potential is huge, given that it is Biden appointing the new justice and not a Republican president: Thank you very much, Never Trumpers.

While over the last four decades justices appointed by Republican presidents have demonstrated a penchant to “grow” in office or have proven more moderate or pragmatic than proclaimed during confirmation, the same is not true for Democrat-appointed justices, who vote in near-perfect lockstep over their careers.

Then there are the Republican-appointed justices who do not abandon their judicial philosophy, but conclude that a faithful application of originalism requires them to vote with the leftist wing of the court. Justice Neil Gorsuch provides a perfect example of this phenomenon, providing the fifth vote in several cases in the criminal context, and before him the now-late Justice Anton Scalia.

Conversely, in close or contentious cases, Democrat-appointed justices represent a block geared toward progressive policy outcomes.” It matters whether these justices are perceived as center-left or hard-left: The desired liberal outcome dictates the decision. So, fighting for a less leftist justice serves no purpose. On the other hand, there are many positives to the conservative cause if Biden nominates a far-left candidate to the Supreme Court. With midterm elections later this year, Biden naming an extremist to the high court positions Republicans perfectly to talk about the importance of elections—and specifically control of the Senate. The nomination of a far-left candidate will also provide an opportunity during the confirmation process for Republicans to highlight the recent public revelations of the Democratic Party’s true far-left goals. President Biden has already showcased the party’s obsession with identity politics by promising the country his nominee would be a black woman, so men and whites need not apply.

Further, if Republicans maintain decorum and respect during the process, and focus on the nominee’s judicial philosophy and policy, they can score points with a public disgusted by the left’s disgraceful treatment of Justice Brett Kavanaugh and his family. And the more leftist Biden’s candidate, the more restrained Republicans will appear by comparison. Moreover, the further left the candidate, the more justified a “no” vote will be for swing-state Republicans, allowing them to vote against the nomination based on principle, and thereby avoid the obstructionist label. Likewise, moderate Republicans or Republican senators in purple or blue states could justify a “yes” vote based on their view that a president is entitled to his nomination.

The more extreme Biden’s candidate, the more this position will inure to Republicans’ benefit when a supposedly far-right candidate finds himself or herself nominated to the Supreme Court by a future Republican president. The same moderate Republicans can point to their vote for Biden’s extremist justice as proof of the consistency of their position that a president is entitled to his nominee, or if they are kicked out of office over their vote for Biden’s nominee, a stronger senator could be in that office. And should Democrat senators en mass vote against a future Republican nominee, the hypocrisy charge will strike more squarely the more extreme Biden’s leftist nominee is.

It is also not just the fight that will benefit the conservative cause: Elevation of a far-left justice to the Supreme Court will advance originalism more than if Biden were to replace Breyer with a milquetoast moderate. That premise may seem counterintuitive because we think of “moderates” in the context of politics and not precedent.

For a Supreme Court decision to be “precedential,” five justices must agree with both the outcome and the analysis. Were Biden to appoint a so-called “moderate,” her vote would tally with the far-left wing of the high court and her reasoning would likely be mainstream enough to, at times, shift Justice John Roberts or Justice Brett Kavanaugh to join with the other two leftist justices to create a majority opinion that binds lower courts.

Conversely, a far-left justice will also vote with Justices Sonia Sotomayor and Elena Kagan but may drag her sister justices too far to the left to entice any so-called moderate justices to join in the decision. Then, either the leftist side will lose, or the outcome will favor the leftist position, but the Supreme Court’s decision will be fractured, with several of the justices writing separately, resulting in no binding precedent and only dicta.

Of course, originalism would benefit more from the appointment of an originalist justice, but that is not an option now, as President Biden is our president and Breyer submitted his resignation effective upon confirmation of his successor. So the choice is between Justice Breyer and another liberal justice or a far-left one. Stalling in the hope of obtaining a more palatable liberal will leave us with Justice Breyer and the need to delay an appointment for three years.

Conservatism would be better served by using Biden’s appointment to remind the public that elections have consequences. The loonier left his nominee is, the better that point can be made.


Supreme Court Justice Stephen Breyer Weighs In On His Potential Retirement


Reported by ANDREW TRUNSKY, POLITICAL REPORTER | July 15, 2021

Read more at https://dailycaller.com/2021/07/15/stephen-breyer-supreme-court-donald-trump-joe-biden/

Justice Stephen Breyer participates in a panel at Georgetown University Law Center on April 21, 2014 (Chip Somodevilla/Getty Images)
Chip Somodevilla/Getty Images

Supreme Court Justice Stephen Breyer said that he was undecided on his retirement in a new interview. Speaking with CNN in an interview published Thursday, the 83-year-old Breyer answered “no” when asked if he knew when he would retire. He gave two reasons that would contribute to an eventual decision: “Primarily, of course, health,” Breyer said. “Second, the court.”

Liberals have urged Breyer to step down at the end of the court’s current term so that President Joe Biden can name a younger, liberal justice to the bench while Democrats hold a Senate majority. But Breyer told CNN that he was happy as the court’s highest-ranking liberal, saying that it had “made a difference” to him.

The nine Supreme Court justices in April, 2021. Breyer sits in the front row, second from the right. (ERIN SCHAFF/POOL/AFP via Getty Images)

Breyer has played a central role in several recent high-profile cases, from rejecting a third attempt to kill the Affordable Care Act to safeguarding student speech rights.

He has also warned against packing the Supreme Court, warning in April that doing so could further erode Americans’ trust in it. He defended the court’s refusal to hear former President Donald Trump’s challenges to the 2020 election, noting that the “court is guided by legal principle, not politics.” 

Breyer has been on the court since 1994, longer than any justice except for Clarence Thomas, who was confirmed in 1991.

Supreme Court Rules Same-Sex Couples Have Right To Marry Nationwide


Supreme Court Decision

WASHINGTON (CBSDC/AP) — The Supreme Court declared Friday that same-sex couples have a right to marry anywhere in the United States. Gay and lesbian couples already could marry in 36 states and the District of Columbia. The court’s 5-4 ruling means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage. Gay rights supporters cheered, danced and wept outside the court when the decision was announced.

The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally. In the majority opinion, Justice Anthony Kennedy wrote that same-sex marriage must be allowed under the United States Constitution.

“No union is more profound than marriage,” Kennedy wrote, joined by the court’s four more liberal justices.

“From their beginning to their most recent page, the annals of human history reveal the transcendent importance of marriage. The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations,” Kennedy wrote.want_rel_liberty_r

Kennedy also wrote the court’s previous three major gay rights cases dating back to 1996. It came on the anniversary of two of those earlier decisions. As Kennedy read his opinion, spectators in the courtroom wiped away tears after the import of the decision became clear. One of those in the audience was James Obergefell, the lead plaintiff in the Supreme Court fight. Outside, Obergefell held up a photo of his late spouse, John, and said the ruling establishes that “our love is equal.” He added, “This is for you, John.”Big Gay Hate Machine

President Barack Obama placed a congratulatory phone call to Obergefell, which he took amid a throng of reporters outside the courthouse.

Kennedy was joined by the four liberal justices of the court: Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer.

Chief Justice John Roberts, along with Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented, and all wrote separate dissents.

Alito wrote, “Today’s decision usurps the constitutional right of the people to decide whether to keep or alter the traditional understanding of marriage.”

Roberts said gay marriage supporters should celebrate, but don’t celebrate the Constitution.

“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it,” Roberts wrote.

Scalia wrote his dissent “to call attention to this Court’s threat to American democracy.”

“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a  majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves,” Scalia wrote.

Thomas wrote, “Aside from undermining the political processes that protect our liberty, the majority’s decision threatens the religious liberty our Nation has long sought to protect.”

Obama called the ruling a “big step in our march toward equality.” In a statement in the Rose Garden, Obama said that justice arrived like a thunderbolt. “This ruling is a victory for America,” Obama said. The president thanked gay rights supporters who worked tirelessly for this cause. “America’s a place where you can write your own destiny,” he said.tyrants

Democratic presidential candidate Hillary Clinton weighed in, calling the ruling a “historic victory for marriage equality.”War on Christians

Republican presidential candidate Jeb Bush said in a statement that the Supreme Court should have allowed the states to decide. Guided by my faith, I believe in traditional marriage. I believe the Supreme Court should have allowed the states to make this decision. I also believe that we should love our neighbor and respect others, including those making lifetime commitments,” the former Florida governor said. “In a country as diverse as ours, good people who have opposing views should be able to live side by side. It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”

D.C. Mayor Muriel Bowser celebrated the ruling saying the court’s recognition of same-sex marriage as a right in every state “affirms our democratic values, that each of us is equal.”Clinton Democrat Party

The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But some state officials and county clerks might decide there is little risk in issuing marriage licenses to same-sex couples. The cases before the court involved laws from Kentucky, Michigan, Ohio and Tennessee that define marriage as the union of a man and a woman. Those states have not allowed same-sex couples to marry within their borders and they also have refused to recognize valid marriages from elsewhere.

Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples. The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.

The number of states allowing same-sex marriage has grown rapidly. As recently as October, just over one-third of the states permitted same-sex marriage.

There are an estimated 390,000 married same-sex couples in the United States, according to UCLA’s Williams Institute, which tracks the demographics of gay and lesbian Americans. Another 70,000 couples living in states that do not currently permit them to wed would get married in the next three years, the institute says. Roughly 1 million same-sex couples, married and unmarried, live together in the United States, the institute says.

The Obama administration backed the right of same-sex couples to marry. The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and Obama declared his support for same-sex marriage in 2012.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)The Lower you go burke freedom combo 2

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