Senator Kyl is masterful again. He points out that her earlier claim — that her hands in Ricci were bound by Supreme Court and Second Circuit precedent — is simply not true. What is the precedent, he asks, and asks. She doesn’t answer, and doesn’t answer. Finally she cites the Bushey decision — a 1984 Second Circuit decision predating all kinds of intervening Supreme Court decisions and statutory amendments. Then Kyl points out that, even if this were binding precedent, it could have been overturned by en banc review, which she voted against (the deciding vote, as Senator Sessions pointed out yesterday). She has no answer to this, either. Nor does she have a convincing answer to Senator Kyl’s next question, regarding her panel’s back-of-the-hand rejection of a case that ultimately was important enough to command the attention of a majority-minus-one of the Second Circuit, the Supreme Court (which rejected her approach 9-0, as Senator Kyl notes), and the nation. On the question of whether the Supreme Court rejected her approach 9-0, she says it’s hard to say because “there were a lot of opinions in that case.” Ridiculous. There were four opinions, and obviously the majority and the two concurrences (by Scalia and Alito) rejected her approach. And Ginsburg does, too (see footnote 10 and page 23). She is not telling the truth.
Even after a 7–2 Supreme Court decision protecting Colorado custom baker Jack Phillips from overt religious discrimination, the state is doubling down. It’s participating in and empowering a grotesque campaign of discrimination and harassment that should shock the conscience of sensible ... Read More
‘We are deeply saddened.” So begin the many perfunctory statements of many Catholic bishops today in response to the Pennsylvania grand-jury report detailing how priests in that state abused children and how bishops shuffled these priests around. What deeply saddens these men? The rape of children, the ... Read More
Every now and then, I’ll read some news that makes my eyes bug out and my jaw drop to the floor because I can’t believe how stupid it is. This week, it was the news that fired FBI agent Peter Strzok has raised over $400,000 for his legal costs and lost income via a GoFundMe campaign. Let me rephrase: ... Read More
After eight years of displeasure with Barack Obama’s presidency, Carla Johnson was ready for a drastic change. The 41-year-old lab technician from Cresco, Iowa, fell for Donald Trump very early in the 2016 primary season. She loved his “take-no-[sh**]” style, his conservative stances on gun control and ... Read More
People are making this so complicated. A couple of weeks ago, the New York Times editorial board hired a technology writer, Sarah Jeong. When it was revealed that she had tweeted barbs against white people, conservatives formed a Twitter mob to demand her dismissal. While a few on the right said — or claimed ... Read More
‘Ladies and gentlemen, the star witness in this case is the documents.” That is the theme prosecutor Greg Andres hammered home in his summation at Paul Manafort’s bank- and tax-fraud trial in an Alexandria, Va., federal court. It is a theme that much of the media coverage has glossed over, though it is ... Read More
Governor Cuomo is shouting again. It must be time for reelection. Queen Victoria complained of William Ewart Gladstone that he “speaks to Me as if I was a public meeting.” Andrew Cuomo has the opposite problem: He addresses public meetings as if trying to convince a recalcitrant octogenarian that the fire ... Read More