07/11/2018

A New Judicial Era

James Coll, City Journal

President Trump’s selection of Judge Brett Kavanaugh to fill the Supreme Court vacancy created by the retirement of Justice Anthony Kennedy was met with the expected Democratic outrage and promises to derail his candidacy. Kavanaugh’s Senate confirmation hearings, scheduled for September, will likely prove the political battle of the season. They will also mark a new era in High Court confirmation hearings: they will take place in a Senate that has done away with the filibuster.

Dating back to the nineteenth century, the filibuster is a procedural device that lets a numerical Senate minority effectively terminate a nomination or legislation by creating, or threatening to create, endless debate. Recognizing that one senator could use the filibuster to hold up the work of the chamber—remember Jimmy Stewart in Mr. Smith Goes To Washington?—the Senate adopted the cloture rule in 1917 to terminate the action. Invoking cloture initially required a two-thirds vote, but the threshold was lowered to 60 votes in 1975.

History shows, however, that a 60-vote threshold is a high hurdle to clear. Over the last 50 years, one party has held more than 60 Senate seats for only three full sessions: 1967-1969, 1975-1977, and 1977-1979. Otherwise, the absence of a one-party numerical super-advantage necessitated a familiar plan for navigating Supreme Court confirmation proceedings: in need of bipartisan support, nominees would appear as moderate as possible.

Read full article



You May Also Like:

The Mainstreaming Of Political Fanaticism Bill Wirtz, FEE

Beto O’Rourke: ‘A Lot Of Wisdom’ In Abolishing Electoral College Pam Key, Breitbart

Are Unions Exploiting Their Employees? Editorial Board, The Wall Street Journal

‘Hate’ Hustlers The Editors, National Review

This Opinion Just In… Baby It’s Cold Outside Deroy Murdock, The American Spectator

Raise Your Own Damn Taxes! Charlie Martin, PJ Media

Ocasio-Cortez Accuses America Of “Legitimizing Bigotry” For Her Falling Poll Numbers Brandon Morse, RedState

AOC Quietly Dropped From PAC Leadership Amid Legal Questions Alana Goodman, Washington Examiner

For More go to the Home Page >>>

Join Our Email List



section

Bookshelf

FreeMarket Central

Some titles recent, all recommended -

Special Video Feature

FreeMarket Central

Voices From The 2017 International Students For Liberty Conference

section

In Search Of History

The Fed vs. the Middle Class

With interest rates flattened [by the Federal Reserve], government zeroes out the future. Abandoned were 80 percent of private defined-benefit pension plans. Public plans faced a similar evisceration in the future. With no acknowledgement, the U.S. government had casually dispossessed the American middle class of its retirement assets and pushed millions of Americans into acute dependency on government programs. ... Government dependency negated the American dream.

-- George Gilder ,

Shadow Stats Snapshot


FreeMarket Central

ShadowStats alternate economic indicators are based on the methodology of noted economist John Williams, specialist in government economic reporting.

  • Unemployment:
    FreeMarket Central BLS: 4.05%
    FreeMarket Central Shadow Stats: 21.5%
  • Inflation:
    FreeMarket Central February Year-to-Year: 2.87% (CPI-U*)
    FreeMarket Central Shadow Stats: 9.9%

*[cpi-u is the Bureau of Labor Statistics inflation rate for all urban consumers]

section