Another Plea for Mike Lee

by: Brent Smith at the Common Constitutionalist

Scroll Down for Audio Version

Justice Ruth Bader Ginsburg had another health scare recently. After surgery and treatment she has apparently been given a clean Image result for supreme courtbill of health.

But this latest scare has once again prompted many to speculate just when Ginsburg will decide to hang it up, or that her failing health might decide.

This will mean that Trump will get a third bite at the supreme Court apple.

Many thought that the Kavanaugh confirmation would flip the court from progressive to constitutionalist, but that may not end up being the case. This one however, could put the final nail in the coffin of leftist court activism.

But recent history is replete with Republican “wrong” choices for supreme Court, from David Souter to John Paul Stevens, Sandra Day O’Connor and, of course, Mr. swing-vote, Anthony Kennedy. Chief Justice John Roberts has turned out be anything but a constitutionalist. Thanks to Roberts, we have ObamaCare. read more

Is Brett Kavanaugh the Best of the Best?

by: Brent Smith at the Common Constitutionalist

Scroll Down for Audio Version

Supreme Court Justices are said to be the best of the best. This should make a President’s selection relatively easy.

Brett Kavanaugh may end up being that guy. And therein lies the rub – the fact that he “may” be the one – or he may not.

So why do I say this should be an easy job for any President? Let me lay it out.

A President compiles a list of candidates, which Trump did. He should then take a look at the Justices job description and make his selection from candidates that best fit the description.

In short, the supreme Court job description is what the oath of office describes. There are two oaths of office a Justice make choose to recite.

The first, and truncated version, is the traditional oath (albeit updated in 1990), which reads: “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.” read more

A Constitutionalist’s Take on Supreme Court Nominee

from Conservative Review:

Putting Kavanaugh in perspective: The positives and the concerns

Who would have thought that in 2012 we’d nominate the godfather of Obamacare to run against Obama in the presidential election? Probably the same person who would have predicted Trump would nominate the man who crafted the foundation of Roberts’ “Obamacare is a tax” premise on the lower court. Yet here we are, with Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit as the next Supreme Court nominee. He’s undoubtedly much better than the man he is replacing, but he’s unlikely to be the Clarence Thomas we need at this juncture.

Kavanaugh was always considered the front-runner from day one by the D.C. legal elites. Mike Lee was never seriously considered. I’m all for moving Kennedy’s seat to the right, but if the legal elites in the Republican Party will do nothing to fight judicial supremacy other than “appoint good judges,” shouldn’t we find the best? read more

The Left Sues to Force a Vote on Obama’s Supreme Court Nominee

by: the Common Constitutionalist

How many times have you heard, either in person, in a book, on TV or the movies – that that guy is the greatest salesman to walk the planet. He can sell ice cubes to Eskimos, or some such nonsense – and also that he will never take no for an answer. That is to say, the salesman never leaves his customer without the customer agreeing to purchase something.

This sounds great but is an obvious embellishment. Even the best get turned down from time to time. They may not like it, but it is a fact of life. Eventually every salesman has to accept no as the answer and move on.

The phenomenon is not peculiar to sales people. It happens in every walk of life, from the time we are children, assuming the parents have the backbone to stand up to their kids, through adulthood. Everyone has to accept “no” from time to time. Everyone but the left that is.

When was the last time anyone on the political left ever took no for an answer and simply let it go? I’ll give you the answer – NEVER. They never have and they never will. No matter how illogical, absurd or even unconstitutional, the political left will always find a way to use, abuse or even usurp the system to get what they want.

As we’ve already witnessed umpteen times over, Obama is the king of this tactic. He’s said on a number of occasions that he can’t and won’t wait for Congress to act in order to “get things done.” He has a pen and a phone is not shy about using either, or both. read more