In the Trump era -- with a Senate confirmation process now subject to a simple majority vote, thanks to McConnell and Senate Republicans -- it is impossible to imagine any stronger or more able steward of Justice Kennedy's legacy than Kennedy himself. Despite all the pressure and pointed rumors of his retirement, he surely realizes this.
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Articles & Commentary
The Constitution’s promise of religious freedom is neither an accident of history nor a footnote. Trump’s anti-Muslim travel and refugee ban defies this founding wisdom.
Supreme Court Justices are the final bulwark against unchecked power and violations of the Constitution. At this flashpoint in American history, the Senate — including Senators McCaskill and Blunt — must strictly measure Donald Trump and Neil Gorsuch against Hamilton’s and Madison’s founding ideals, as well as the hard-won rights protected by the text, history, and structure of the whole Constitution.
Do litmus tests help explain a Supreme Court nominee’s judicial philosophy or do they offend the idea of an independent judiciary? As President Donald Trump prepares to speak to Congress tonight, that question casts a shadow over whatever he might say about his nominee to the Supreme Court, Judge Neil Gorsuch.
At a time when the president flouts constitutional values, Congress shrinks from using its powers as a check and balance, and all three branches of government are dominated by one party, the independence of Supreme Court nominee, Judge Neil Gorsuch, is essential.
It is axiomatic that the attorney general must have a deep commitment to the principles at the Constitution’s core, a willingness to respect its values – regardless of his or her own policy preferences or those of the President – and a history of respecting substantive fundamental rights. Sessions fails each of these tests.
For an America about to live under its first CEO President—one whose administration has the serious potential to be the most corrupt in nearly 100 years—a rubber-stamp loyalist like Jeff Sessions is the last person the Senate ought to approve for the critical job of U.S. attorney general.
Donald Trump is less than a month away from swearing to “preserve, protect, and defend the Constitution of the United States,” but his method of doing business already reeks of self-dealing and conflicts of interest.
There is much about the rise of President-elect Donald Trump that seems unprecedented in American politics and marked with uncertainty. But one aspect of Trump as a public official was foreseen and forewarned against since the very beginnings of our nation—the problem of his foreign entanglements and financial conflicts of interest.