At this writing Justice Ginsberg's death was announced less than eight hours ago as Rosh Hashana marks the beginning of the Jewish High Holy Days. Mitch McConnell has announced the Senate will vote to consider whatever name the president nominates to be her successor. The presidential election November 3 adds to the turmoil of the Trump presidency. And no matter what the outcome of the election, the next Congress will not be seated until January, still three and a half months away. In any case, the upcoming weeks will be historic.
Years ago American conservatives, having firmly captured the Republican party in the Sixties (Goldwater, Southern strategy, Reagan, etc.) began planning a vision for the future. Unlike Democrats, famously the "big tent" party, conservative movers and shakers have systematically planned the future with the same deliberate efficiency as sports recruiters finding promising future stars. In some cases names are added to the lists as early as law school. Will Rogers said "I'm not a member of any organized political party; I'm a Democrat." Another saying: Democrats fall in love; Republicans fall in line.
Meantime, I'm doing my homework. This is my reading list for anyone who cares to know.
The Bitter End And The Forever Now
by Akim Reinhardt Sept. 14, 2020
This no-nonsense look at modern history is the reading equivalent of the ice-bucket challenge for anyone trying to predict the future.There is a minor American myth about shame and regret. It goes like this.In the years following Richard Nixon’s 1974 resignation amid scandal and disgrace, polls found that fewer Americans admitted to having voted for him than actually did. Apparently many former Nixon voters now realized the error of their ways and were embarrassed to admit ever having pulled the lever for him.Everything about this story is false, and the truth of it is worse. Nixon’s loyal supporters stood by him the entire way, despite his crimes. His popularity did not retreat behind a wave of shame; it was merely muted by the national embarrassment of his resignation.How One Conservative Think Tank Is Stocking Trump’s Government
By Jonathan Mahler June 20, 2018The Trump team may not have been prepared to staff the government, but the Heritage Foundation was. In the summer of 2014, a year before Trump even declared his candidacy, the right-wing think tank had started assembling a 3,000-name searchable database of trusted movement conservatives from around the country who were eager to serve in a post-Obama government. The initiative was called the Project to Restore America, a dog-whistle appeal to the so-called silent majority that foreshadowed Trump’s own campaign slogan.In some ways, Trump and Heritage were an unlikely match. Trump had no personal connection to the think tank and had fared poorly on a “Presidential Platform Review” from its sister lobbying shop, Heritage Action for America, which essentially concluded that he wasn’t even a conservative. (“Despite his rhetoric, Trump’s history suggests a reluctance to engage in debates over protecting civil society from the imposition of left-wing values,” it read in part.) After Trump mocked John McCain’s P.O.W. experience in Vietnam, Heritage Action’s chief executive, Michael Needham, called the candidate “a clown” on Fox News and said “he needs to be out of the race.” Trump claimed to want to shake up the Washington establishment. The Heritage Foundation is a Washington institution. Its large, stately headquarters sits just a few blocks from Capitol Hill.Trump's SCOTUS Short List
Alliance for Justice is a national association of over 120 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. Since 1979, AFJ has been the leader in advocating for a fair and independent justice system, preserving access to the courts, and empowering others to stand up and fight for their causes. The two pillars of Alliance for Justice are our Justice Program, focusing on ensuring our nation’s courts protect our critical constitutional rights and legal protections, and our Bolder Advocacy Program, focusing on building advocacy capacity for nonprofits and the foundations that fund them.
In the event of a future Supreme Court vacancy, President Trump has a short list of candidates hand-picked by the ultraconservative Heritage Foundation and Federalist Society. AFJ opposes the individuals on this list based on their selection by partisan right-wing interest groups, and Trump’s own statements making it clear that no individual would be on the list unless he or she had a commitment to overturning Roe v. Wade and taking healthcare away from millions of Americans.
Meet the 6 Stellar Judges Leading the Pack on Trump’s Supreme Court Short List
Jul 3rd, 2018Notice the date and the name Brett Kavanaugh. This was the list compiled when Justice Kennedy left the Court. Heritage Foundation is always prepared when a judicial vacancy opens.
Brett Kavanaugh has served on the powerful D.C. Circuit—often regarded as a stepping-stone to the Supreme Court—for 12 years.
Before joining the bench, he worked as a senior associate counsel and assistant to President George W. Bush. He also worked for independent counsel Ken Starr and was the principal author of the Starr report to Congress on the Monica Lewinsky scandal. Bush nominated him to the D.C. Circuit in 2003, but he was not confirmed until 2006, by a vote of 57-36.
Kavanaugh has written extensively about the separation of power and statutory interpretation, and he co-authored a book on judicial precedent (with Bryan Garner and 11 appeals court judges, including then-Judge Neil Gorsuch).
Drawing from his experience working for Bush, Kavanaugh argued in an article that Congress should consider enacting a law that would protect a sitting president from criminal investigation, indictment, or prosecution while in office. He explained, “The indictment and trial of a sitting president … would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.”
He delivered the 2017 Joseph Story Distinguished Lecture at The Heritage Foundation—joining the ranks of Justice Clarence Thomas and many other renowned federal judges. He spoke eloquently about the judiciary’s essential role in maintaining the separation of powers.
Brett Kavanaugh has served on the powerful D.C. Circuit—often regarded as a stepping-stone to the Supreme Court—for 12 years.
Before joining the bench, he worked as a senior associate counsel and assistant to President George W. Bush. He also worked for independent counsel Ken Starr and was the principal author of the Starr report to Congress on the Monica Lewinsky scandal. Bush nominated him to the D.C. Circuit in 2003, but he was not confirmed until 2006, by a vote of 57-36.
Kavanaugh has written extensively about the separation of power and statutory interpretation, and he co-authored a book on judicial precedent (with Bryan Garner and 11 appeals court judges, including then-Judge Neil Gorsuch).
Drawing from his experience working for Bush, Kavanaugh argued in an article that Congress should consider enacting a law that would protect a sitting president from criminal investigation, indictment, or prosecution while in office. He explained, “The indictment and trial of a sitting president … would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.”
He delivered the 2017 Joseph Story Distinguished Lecture at The Heritage Foundation—joining the ranks of Justice Clarence Thomas and many other renowned federal judges. He spoke eloquently about the judiciary’s essential role in maintaining the separation of powers.
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