Category Archives: Merrick Garland

I Think the Senate is Handling this SCOTUS Thing all WRONG…

The sides seem dug in.  Determined.  No one will budge.  The President recommends a new Supreme Court Justice to replace (no one of course replaces this justice) Justice Scalia.  Merrick Garland.  A good solid judge but probably more liberal than Scalia.

The GOP controlled Senate (elections do matter) say not even a hearing.  No vote for sure.  So the MSN blames:  The Senators of course.

Now the argument ought to be – in opposition to the Biden rule – this is a game changer for the Court and it ought to await the new President.  The people decide.

BUT, I would have hearings.  Ask tough questions.  Ask about great Scalia cases and dissents.  Make it clear to the American people how wonderful the late justice was.  And Judge Garland will have to either try to agree with Scalia or say no I am not a strict constructionist or a textual judicial conservative.  Now senators need to be ready to confront Judge Garland on inconsistencies between Scalia’s judicial philosophy and his.

THEN and only THEN reject the judge because he will almost for sure show he is no Scalia.  And then the senators ought to propose more appropriate names to the President.  Ted Cruz would be a good start.

I do not expect WashPo or NYT to agree but it looks fair and it is fair:  Give the judge a chance.  But I am certain Judge Garland is no Scalia.  He will fail the test.  Then reject him.  But the “no hearings, no vote” strategy is a loser with people.  the voters want the Senate to be fair.


Article written by: Elwood "Sandy" Sanders

Let’s Have TRUE Diversity at the US Supreme Court – No More Ivy League Law Grads for a While!

I was reading about the newly nominated Merrick Garland and wanted to know more until I read this:  Harvard grad and Harvard Law grad.

NOT AGAIN!

Here’s the eight remaining sitting justices and where they went to law school.

  • Chief Justice Roberts – Harvard Law School
  • Justice Kennedy – Harvard Law School (an LL.B is the same as a JD)
  • Justice Thomas – Yale Law School
  • Justice Ginsberg – Attended Harvard and graduated from Columbia
  • Justice Breyer – Harvard Law School
  • Justice Alito – He did not put in his official SCOTUS bio his education but he went to Yale Law School.
  • Justice Sotomayor – Yale Law School
  • Justice Kagan – you guessed it – Harvard Law School

And for the record, Justice Scalia went to Harvard, too!  (And who can say something good can’t come out of Nazareth!)

BUT this is a disturbing trend.  I am not convinced this intellectual elitism is good for society or the law or the country.  There are over 200 ABA accredited law schools in the United States.  They all (well, most of them – perhaps the newest ones might be still away from their first judge yet – try out this new law school in one of my favorite states – Indiana Tech Law School!  RAH for them!) have fine alums who would make great justices on the highest court in the land.  And the late esteemed former editor of National Review and a former congressman warned us about the Ivy League; yes a great jurist like Scalia can come from even Harvard Law School.

On the other federal courts the two leaders are Harvard (120) and Yale (63); U Texas Austin has the most of a non-Ivy Law School (43).

But we’ll never have diversity in the law until every newly minted law grad can hope for a seat on the highest court in the land.  My advice to President Trump:  I would seek out judges from other law schools until there is a better balance among law school grads in the federal courts.

 

 

 

 


Article written by: Elwood "Sandy" Sanders