Bench Memos

Sen. Menendez High Standards

Senator Robert Menendez has responded to reports that he may be blocking confirmation of Magistrate Judge Patty Shwartz to the U.S. Court of Appeals for the Third Circuit in retaliation for her boyfriend’s role in an investigation of Senator Menendez during the 2006 election.  From the NYT:

 

In his statement, Mr. Menendez said that in his interview with Judge Shwartz, she did not “adequately demonstrate the breadth of knowledge of constitutional law and pivotal Supreme Court decisions, such as Citizens United,” the 2010 ruling that struck down many restrictions against corporate spending to influence federal elections.

“In my opinion, she misapplied the application of strict scrutiny versus rational basis review to the questions at hand,” his statement said, referring to two kinds of tests that courts apply when weighing government policies. “She did not express substantive knowledge as to the scope of the rights of corporations under the Constitution or jurisprudence on the constitutional limits of executive branch powers.”

Earlier in the statement, he said, “It is incredibly disappointing and unfortunate that my real concerns over the suitability of Judge Shwartz to serve a lifetime appointment as circuit court judge have been spun as some petty political vendetta by some of her supporters.”

According the the story, Senator Menendez has refused to return a blue slip for Judge Shwartz and does not intend to.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

Most Popular

Elections

Stick a Fork in O’Rourke

If, as I wrote last week here, Joe Biden may save the Democratic party from a horrible debacle at the polls next year, Beto O’Rourke may be doing the whole process a good turn now. Biden, despite his efforts to masquerade as the vanguard of what is now called progressivism, is politically sane and, if ... Read More
Elections

In Defense of the Electoral College

Senator Elizabeth Warren has joined a growing chorus within the Democratic party in calling for the abolition of the Electoral College. Speaking at a forum in Mississippi on Monday night, Warren said that she hoped to ensure that “every vote matters” and proposed that “the way we can make that happen is ... Read More
Education

Ivy-League Schools Wither

A  number of liberal bastions are daily being hammered — especially the elite university and Silicon Valley. A Yale and a Stanford, or Facebook and Google, assume — for the most part rightly — that each is so loudly progressive that the public, federal and state regulators, and politicians would of ... Read More
National Security & Defense

In Defense of the Iraq War

Today is the 16th anniversary of the invasion of Iraq, and Twitter is alive with condemnations of the conflict -- countered by precious few defenses. Yet I believed the Iraq War was just and proper in 2003, and I still believe that today. When Donald Trump condemned the war during the 2015 primary campaign and ... Read More