Monday, November 04, 2024

What will Election Day bring for our courts?

Everyone is so stressed out.

More than any other election that I have ever seen.

I'm surprised that very little has been said about the future of the Supreme Court, and of course the lower courts.  That's a top 5 issue for me.  

Speaking about the courts, check out this story about Ed Carnes' confirmation, which has a Sonia Sotomayor twist:

So after the Left launched its ugly, unfounded attack on Eleventh Circuit nominee Ed Carnes, how did Senator Richard Shelby of Alabama (then still a Democrat) strong-arm his fellow Democrats to win confirmation of Carnes’s nomination?

The curious answer is that Shelby threatened to block three other judicial nominations made by President George H.W. Bush.

Why would Shelby’s threat have any force with Democratic senators? Because Bush made those nominations at the behest of individual Democratic senators—and indeed, in the case of a 37-year-old district-court nominee by the name of Sonia Sotomayor, in the face of grave concerns held by White House lawyers.


Friday, November 01, 2024

How will Justice Alito explain this one?

 From Above The Law:

The Intelligencer has a story today that actually happened several years ago but — not unlike Alito’s Upside-Down Flag nonsense — didn’t register with the public at the time. As we noted last week, Alito has been taking expensive gifts — as the conservative Supreme Court justices are wont to do! — from a right-wing German princess, but it turns out he’s been cultivating more ties to the European aristocracy.

It turns out the last time Donald Trump was president, Supreme Court Justice Samuel Alito, author of the Dobbs decision setting women’s health care back a few centuries, added a knighthood to his own résumé, pledging an oath to the Sacred Military Constantinian Order of Saint George. The knighthood, bestowed in 2017, wasn’t widely reported at the time, but the order’s website was updated in July with Alito’s investiture on the front page.

May we present, Sir Samuel of Blackacre! We don’t know his sigil, but it’s meant to be flown upside-down.

Alito’s “An Appeal to Heaven” flag is a reference to John Locke’s argument in favor of a right to rise up against monarchists. Alito himself accepted a knighthood from an order managed by the House of Bourbon–Two Sicilies. The grand prefect of the order’s son is a pretender to the Imperial Throne of France.

...

Did the Framers have anything to say about the idea of European nobles granting titles to American government officials? You know, since they’d just fought a war of independence from a royal superpower on the strength of Enlightenment philosophy.

Indeed, they did! Article I, Section 9 of the United States Constitution reads, in relevant part:

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

That’s why when you hear of some famous politician getting knighted or some other play title, it’s always after they retire.