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SCOTUS

Sep 07 2018
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Kavanaugh Confirmation Legislative Update: What Now?

By | Blog, Legal, News and Events, SCOTUS, Uncategorized | No Comments

The Kavanaugh hearings have officially come to an end after no shortage of political theater by both Senators and paid disrupters. There’s still a lot that needs to happen before he can be confirmed. The Senate Judiciary Committee must give his nomination either a favorable or unfavorable recommendation to the entire Senate. This vote in the committee will be scheduled next week, but Democrats can object to a motion to proceed to a vote and delay the process.  If they do (and we fully expect that they will), the committee must wait one week before meeting again to consider the nomination. Once this time is burned, the vote can be taken, and then the committee can report the nomination to the full Senate.  Cloture can be filed the day after the committee gives their final report (cloture is a vote to end debate) and then the clock starts ticking to burn 30 hours of Senate floor debate.

It normally takes 60 votes to stop debate, but remember former Majority Leader Harry Reid changed the Senate rules in 2015 to allow for a simple majority (51) to end debate for lower court judges and cabinet nominees. When Democrats obstructed the nomination of Neil Gorsuch to be an associate justice for the Supreme Court in 2017, Majority Leader McConnell was forced to change the Senate rules again to lower the cloture threshold for Supreme Court nominees to a simple majority. The vote to end debate on Judge Kavanaugh’s nomination will require this same simple majority. After debate is over, the final vote will occur for confirmation; this vote also requires a simple majority of Senators present to pass.

This will likely take us into the end of September, and if all goes according to plan, including a successful floor vote, it appears that Judge Kavanaugh will be Justice Kavanaugh in time for the Supreme Court’s term beginning the first Monday in October (October 1).

Sep 06 2018
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Kavanaugh Hearing Update Day – 3

By | Kennedy, Legal, SCOTUS, Vacancy | No Comments

Today’s update of Kavanaugh’s outstanding performance before the Senate Judiciary Committee must start with the debacle that was Sen. Cory Booker (D-New Jersey) and Sen. Kamala Harris (D-California) as they questioned the nominee late last night.

To sum, it was all fluff and no substance. Sen. Booker decided to question Kavanaugh on emails from the Bush White House that the nominee could not access (more on that drama later).  One particular email Sen. Booker focused on as particularly ominous actually showed Judge Kavanaugh agreeing with Sen. Booker that racial profiling shouldn’t be used. But the pompous way and mysterious circumstances of the whole exchange, where the email couldn’t be shown were all very dramatic.

It was clear Sen. Booker was there to make a point and was not interested at all on anything Kavanaugh had to say. The ironic thing is that Kavanaugh has shown through his record that he has been one of the leading voices advocating for minorities in the legal field.

Here is a bit of what he said about his efforts to help get more minority law clerks:

“Justice Thomas and Justice Brayer were testifying before the Appropriations Committee, and they were asked about minority law clerks and the lack of them at the Supreme Court. And they said, in essence, we’re hiring from the lower courts. And I remember reading that and thinking, well, I need to do something about that. I’m the lower court. I’m one of them. So, after that, I thought what can I do? And I didn’t just sit there. I went and thought what can I do, and I started on my own going to the Yale Black Law Students Association every year starting in 2012. I think I’m the only judge who has done something like that, or one of the few. And I just cold-called them, cold-e-mailed them and said I’d like to speak about minority law clerk hiring because I’m told there’s a problem there. And I showed up the first time wondering how it would go, and I explained, and I got a good crowd from the Black Law Students Association. And I said we need more law clerks. There’s a problem. Let me tell you how to do it. Here’s why you should clerk, and here’s how you clerk. Here are the classes you should take and the things you need. And I gave them my phone number and e-mail and said call me any time if you want to help. And it was a big success.  I got a lot of e-mails after that. I helped students. I help students get clerkships with other judges. One of them recently finished the Supreme Court and thanked me for starting him on that road…  I’ve continued to encourage African American law clerks, but not just encouragement. I’ve given them help and advice and been a source of counsel… I tried to be very proactive on that, including my own court hiring where there are only networks that prevented women and African Americans and minorities from getting clerkships, I have been very aggressive about trying to break down those barriers and be very proactive on that.”

Sen. Booker should be highlighting these great efforts, lifting Kavanaugh up as a model for other judges to follow. Instead, he was blatantly disparaging Kavanaugh’s record with unsubstantiated innuendo to make him look as if he didn’t care about civil rights.

Sen. Harris was also incredibly disappointing in her questions. She was very aggressive, and you can tell she came out “for blood,” so to speak. But, substantively, she delivered very little.  The most telling exchange came when she dramatically asked Judge Kavanaugh over and over, “Have you discussed Mueller or his investigation with anyone at Kasowitz Benson Torres, the law firm founded by Marc Kasowitz, President Trump’s personal lawyer?”

As you might expect, Judge Kavanaugh was apprehensive and said he didn’t think so and he would need to see who works there.  But Sen. Harris was stern: “Be sure about your answer, sir.”

The social media commentary was ratcheted up a hundred-fold. What did she know? She went so far as to tell him, “I think you’re thinking of someone, and you don’t want to tell us.”

But as The Los Angeles Times reported, there was no big reveal. It was all a show and it, “failed miserably.” So miserably, the law firm itself had to respond that they had no idea about what she was talking. “There have been no discussions regarding Robert Mueller’s investigation between Judge Kavanaugh and anyone at our firm,” a spokesman told CNBC.

What a dud.

The amazing thing, though, was the incredible demeanor and grace with which Judge Kavanaugh treated all of them. After more than 12 hours of questioning and answering questions with very few breaks, he was still in good spirits to the very end.

And today it was more of the same. Judge Kavanaugh started and remained in that same spirit of cordiality and respect towards all there.

Which brings us back to more of Sen. Booker’s antics. While complaining about the emails that he couldn’t show yesterday to the Judge because they were marked “Committee Confidential,” which meant he would need to discuss them with the Judge at the private session they had today, Sen. Booker revealed he was defying Senate rules and the committee to release the emails publicly. He was engaging in an act of “civil disobedience,” like Martin Luther King, Jr.

“I’m saying I’m knowingly violating the rules,” he said dramatically, referring to the moment as his “Spartacus moment,” if you can believe it.

Only the documents he was releasing as an act of public disobedience had already been opened to the public the night before after a simple request was made. A statement from the George W. Bush’s record representative read, “We cleared the documents last night shortly after Senator Booker’s staff asked us to. We were surprised to learn about Senator Booker’s histrionics this morning because we had already told him he could use the documents publicly. In fact, we have said yes to every request made by the Senate Democrats to make documents public.”

And so, the hearings went on. The histrionics (which seems like an appropriate term) will surely continue. But Judge Kavanaugh was magnificent. There is no other way of putting it.

Tonight, they will conduct a private session with the judge and tomorrow several outside groups will speak in support and against his nomination. But his work is done—largely mistake-free.

Sep 05 2018
0

Kavanaugh On His Way to Confirmation – Hearing Update Day 2

By | Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

The stark contrast between Judge Kavanaugh and his detractors was in full display on the second day of hearings for his nomination to the U.S. Supreme Court. As senators started their first round of questioning, Judge Kavanaugh was engaging and approachable. He dealt evenly with those senators who questioned him most forcefully, as with those who praised his exemplary record.

His message was clear and concise. It can be summarized by this one statement to Sen. Hatch (R-Utah), “If confirmed to the Supreme Court, and as a sitting judge, I owe my loyalty to the Constitution. That’s what I owe loyalty to. The Constitution establishes me as an independent judge, bound to follow the law as written, the precedents of the Supreme Court as articulated, subject to the rules of stare decisis, and I would do so.”

Loyalty to the Constitution is what is desperately needed at the U.S. Supreme Court.

In discussions with Sen. Ted Cruz (R-Texas), he described what makes a good judge. He talked about being independent and impartial, and also about someone who takes the law as written. He talked about treating every litigant with respect, judicial temperament and work ethic, among several factors.

Here is a clip where he described a judge that is a judicial activist. He said it is, “[S]omeone who lets his or her personal or policy preferences override the best interpretation of the law.”

 

On the other hand, the vulgar detractors continued to interrupt, disrupt and embarrass themselves with complaints about anything and everything but Kavanaugh’s record.

Having failed miserably yesterday with their own efforts to disrupt the hearings from their seats in the committee, some Democrat Senators, thankfully, decided to greatly reduce (more on this later) their obstructionist tactics to disrupt the committee hearings.

That is not to say they were focused on Kavanaugh’s record. Sen. Sheldon Whitehouse (D-Rhode Island), for example, decided it was appropriate to ask Kavanaugh about the Federalist Society and the types of policies Kavanaugh would enact for the selection of judges. He asked him about the Pacific Legal Foundation and the Judicial Crisis Network. He was appalled that some groups spend money on ads supporting judge Kavanaugh’s nomination. I was glad to hear Judge Kavanaugh point out that he and his family had seen a lot of ads opposing his nomination too. But, of course, that was not Sen. Whitehouse’s concern – the ones supporting him are the real problem.

In the end, Judge Kavanaugh proved, as Neil Gorsuch did at his hearings, he was the smartest man in the room. He was in his element, discussing the proper role of a judge, precedent, the Constitution and the many cases he has decided. Through it all, he was humble and in good spirits, despite the long hours that would start to weigh on anyone.

Bottom line is, Judge Kavanaugh is on his way to confirmation.

I said I’d have more on the fact that the shenanigans from Democrats being mildly reduced. Here is some of what transpired outside the hearing room where Democrats continued to pounce because they cannot stop the nomination of Judge Kavanaugh.

Senate Minority Leader Charles Schumer (D-New York) objected to a routine request that the Judiciary Committee be allowed to meet beyond the two-hour limit that is required by Senate Rules while they are in session.  Senate Majority Leader Mitch McConnell (R-Kentucky) was then forced to adjourn the Senate for the day, preventing senators from doing their jobs.

Schumer made it clear he was protesting the fact that they haven’t received all documents related to Kavanaugh.

It bears repeating that Sen. Schumer, within minutes of President Donald Trump’s announcement of Brett Kavanaugh’s nomination vowed to oppose him with everything he had. He literally needed no documents to make up his mind.

Not to mention the fact that, as noted in the hearings yesterday, the more than a half million pages of documents the Committee received for Judge Kavanaugh is more than the number of pages they received for the last five Supreme Court nominees combined.

Sep 04 2018
0

Brett Kavanaugh Shines on Day 1

By | Kennedy, News and Events, SCOTUS, Vacancy | No Comments

Radicals tried everything they could to steal this moment from Judge Brett Kavanaugh. They failed.

After Kavanaugh’s opening remarks (text and video below), the picture that emerges following Day 1 of Judge Kavanaugh’s hearing is one of a decent, intelligent, humble man with an unquestionable record that is more than qualified to serve as the 114th justice of the United State Supreme Court.

The man the American people met today bears no resemblance to the histrionics of radical groups fighting against the wind.

Please take the time to read and see the remarks for yourself.  Note his statement on the role of a judge:

A good judge must be an umpire — a neutral and impartial arbiter who favors no litigant or policy. As Justice Kennedy explained in Texas v. Johnson, one of his greatest opinions, judges do not make decisions to reach a preferred result. Judges make decisions because “the law and the Constitution, as we see them, compel the result.” Over the past 12 years, I have ruled sometimes for the prosecution and sometimes for criminal defendants, sometimes for workers and sometimes for businesses, sometimes for environmentalists and sometimes for coal miners. In each case, I have followed the law. I don’t decide cases based on personal or policy preferences. I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.

He also said spoke of his faith and his service to others:

Throughout my life, I have tried to serve the common good, in keeping with my Jesuit high school’s motto, “men for others.” I have spent my career in public service. I have tutored at Washington Jesuit Academy, a rigorous tuition-free school for boys from low-income families. At Catholic Charities at Tenth and G, I serve meals to the homeless with my friend, Father John Enzler. In those works, I keep in mind the message of Matthew 25 — and try to serve the least fortunate among us. I know I fall short at times, but I always want to do more and do better.

Here is the video and transcript of his opening remarks:

 

Thank you, Mr. Chairman, Senator Feinstein, and Members of the Committee. I thank Secretary Rice, Senator Portman, and Lisa Blatt for their generous introductions. They are patriots who represent the best of America. I am humbled by their confidence and proud to call each of them a friend.

Over the past eight weeks, I have witnessed first-hand the Senate’s deep appreciation for the vital role of the American Judiciary. I have met with 65 Senators, including almost every Member of this Committee. Those meetings are sometimes referred to as “courtesy calls.” But that term understates how substantive and personal our discussions have been. I have greatly enjoyed all 65 meetings. In listening to all of you, I have learned a great deal about our country and the people you represent. Every Senator is devoted to public service and the public good, and I thank all the Senators for their time and their thoughts.

I thank President Trump for the honor of this nomination. As a judge and as a citizen, I was deeply impressed by the President’s careful attention to the nomination process and by his thorough consideration of potential nominees. I am also very grateful for his courtesy. At the White House on the night of the announcement, the President and Mrs. Trump were very gracious to my daughters, my wife, and my parents. My family will always cherish that night—or as my daughter Liza calls it, her debut on national television.

As a nominee to the Supreme Court, I understand the responsibility I bear. Some 30 years ago, Judge Anthony Kennedy sat in this seat. He became one of the most consequential Justices in American history. I served as his law clerk in 1993. To me, Justice Kennedy is a mentor, a friend, and a hero. As a Member of the Court, he was a model of civility and collegiality. He fiercely defended the independence of the Judiciary. And he was a champion of liberty. If you had to sum up Justice Kennedy’s entire career in one word … “liberty.” Justice Kennedy established a legacy of liberty for ourselves and our posterity.

I am here today with another of my judicial heroes … my mom. Fifty years ago this week, in September 1968, my mom was 26 and I was 3. That week, my mom started as a public-school teacher at McKinley Tech High School here in Washington, D.C. 1968 was a difficult time for race relations in our city and our country. McKinley Tech had an almost entirely African-American student body. It was east of the park. I vividly remember days as a young boy sitting in the back of my mom’s classroom as she taught American history to a class of African-American teenagers. Her students were born before Brown versus Board of Education or Bolling versus Sharpe. By her example, my mom taught me the importance of equality for all Americans—equal rights, equal dignity, and equal justice under law.

My mom was a trailblazer. When I was 10, she went to law school at American University and became a prosecutor. I am an only child, and my introduction to law came at our dinner table when she practiced her closing arguments on my dad and me. Her trademark line was: “Use your common sense. What rings true? What rings false?” One of the few women prosecutors at the time, she overcame barriers and was later appointed by Democratic governors to serve as a Maryland state trial judge. Our federal and state trial judges operate on the front lines of American justice. My mom taught me that judges don’t deal in abstract theories; they decide real cases for real people in the real world. And she taught me that good judges must always stand in the shoes of others. The Chairman referred to me today as Judge Kavanaugh. But to me, that title will always belong to my mom.

For twelve years, I have been a judge on the U.S. Court of Appeals for the D.C. Circuit. I have written more than 300 opinions and handled more than 2,000 cases. I have given it my all in every case. I am proud of that body of work, and I stand behind it. I tell people, “Don’t read what others say about my judicial opinions. Read the opinions.” I have served with 17 other judges, each of them a colleague and a friend, on a court now led by our superb chief judge, Merrick Garland. My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. A judge must interpret the Constitution as written, informed by history and tradition and precedent. In deciding cases, a judge must always keep in mind what Alexander Hamilton said in Federalist 83: “the rules of legal interpretation are rules of common sense.”

A good judge must be an umpire—a neutral and impartial arbiter who favors no litigant or policy. As Justice Kennedy explained in Texas versus Johnson, one of his greatest opinions, judges do not make decisions to reach a preferred result. Judges make decisions because “the law and the Constitution, as we see them, compel the result.” Over the past 12 years, I have ruled sometimes for the prosecution and sometimes for criminal defendants, sometimes for workers and sometimes for businesses, sometimes for environmentalists and sometimes for coal miners. In each case, I have followed the law. I don’t decide cases based on personal or policy preferences. I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.

As Justice Kennedy showed us, a judge must be independent, not swayed by public pressure. Our independent Judiciary is the crown jewel of our constitutional republic. In our independent Judiciary, the Supreme Court is the last line of defense for the separation of powers, and the rights and liberties guaranteed by the Constitution.

The Supreme Court must never be viewed as a partisan institution. The Justices on the Supreme Court do not sit on opposite sides of an aisle. They do not caucus in separate rooms. If confirmed to the Court, I would be part of a Team of Nine, committed to deciding cases according to the Constitution and laws of the United States. I would always strive to be a team player on the Team of Nine.

Throughout my life, I have tried to serve the common good, in keeping with my Jesuit high school’s motto, “men for others.” I have spent my career in public service. I have tutored at Washington Jesuit Academy, a rigorous tuition-free school for boys from low-income families. At Catholic Charities at Tenth and G, I serve meals to the homeless with my friend Father John Enzler. In those works, I keep in mind the message of Matthew 25—and try to serve the least fortunate among us. I know I fall short at times, but I always want to do more and do better.

For the past seven years, I have coached my daughters’ basketball teams. I love coaching. All the girls I have coached are awesome. And special congratulations to the girls on this year’s sixth-grade CYO championship team: Anna, Quinn, Kelsey, Ceane, Chloe, Alex, Ava, Sophia, and Margaret. I love helping the girls grow into confident players. I know that confidence on the basketball court translates into confidence in other aspects of life. Title Nine helped make girls’ and women’s sports equal, and I see that law’s legacy every night when I walk into my house as my daughters are getting back from lacrosse, or basketball, or hockey practice. I know from my own life that those who teach and coach America’s youth are among the most influential people in our country. With a kind word here and a hint of encouragement there … a word of discipline delivered in a spirit of love … teachers and coaches change lives. I thank all of my teachers and coaches who got me to this moment, and I thank all of the teachers and coaches throughout America.

As a judge, I have sought to train the next generation of lawyers and leaders. For 12 years, I have taught constitutional law to hundreds of students, primarily at Harvard Law School. I teach that the Constitution’s separation of powers protects individual liberty. I am grateful to all my students. I have learned so much from them. And I am especially grateful to the dean who first hired me, now-Justice Elena Kagan.

One of the best parts of my job as a judge is each year hiring four recent law school graduates to serve as my law clerks for the year. I hire the best. My law clerks come from diverse backgrounds and points of view. A majority of my 48 law clerks have been women. More than a quarter of my law clerks have been minorities. And I have had far more African-American law clerks than the percentage of African-American students in U.S. law schools. I am proud of all my law clerks.

I am grateful for my friends. This past May, I delivered the commencement address at Catholic University Law School. I gave the graduates this advice: Cherish your friends. Look out for your friends. Lift up your friends. Love your friends. … Over the last 8 weeks, I have been strengthened by the love of my friends. I thank all my friends.

I am grateful to have my family behind me. My mom rightly gets a lot of attention. So a few words about my dad. He has an unparalleled work ethic, and the gift for making friends with everyone, regardless of who they are or where they come from. We are both passionate sports fans. When I was 7, he took me to the 1972 NFC Championship Game at RFK Stadium just two miles from here—upper-deck Section 503, Row 3, Seats 8 and 9. When I was 17, we sat in the same seats for the 1982 NFC Championship Game. In 1995, when I was 30, we were at Camden Yards together when Cal Ripken played in his 2,131st consecutive game and broke Lou Gehrig’s seemingly unbreakable record. And so many other games with my dad. A lifetime of friendship and memories, forged in stadium seats over hot dogs and beer.

My daughters Margaret and Liza will be in and out of this hearing room over the next few days. In the time since you last saw them at the White House, I am pleased to report that Margaret has gotten her braces off and has turned 13. As for Liza, well, I tell her every night that no one gives a better hug than Liza Kavanaugh.

Finally, I thank my wife Ashley. She is a strong West Texan, a graduate of Abilene Cooper Public High School and the University of Texas at Austin. She is now the popular town manager of our local community. This has not exactly been the summer she had planned for our family. I am grateful for her love and inspiration. Ashley is a kind soul. She always sees the goodness in others. She has made me a better person and a better judge. I thank God every day for my family.

Mr. Chairman, Senator Feinstein, and Members of the Committee, I look forward to the rest of the hearing and to your questions. I am an optimist. I live on the sunrise side of the mountain, not the sunset side of the mountain. I see the day that is coming, not the day that is gone. I am optimistic about the future of America and the future of our independent Judiciary. I revere the Constitution. If confirmed to the Supreme Court, I will keep an open mind in every case. I will do equal right to the poor and to the rich. I will always strive to preserve the Constitution of the United States and the American Rule of Law.

Thank you.

Aug 29 2018
0

CWALAC Letter in Support of Kavanaugh

By | Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

Today, Penny Nance, CEO and President of Concerned Women LAC sent the following letter to members of the Senate Judiciary Committee in support of Judge Brett Kavanaugh’s confirmation to the U.S. Supreme Court.

In addition to the nominee’s impressive judicial qualifications and strength of character, the letter highlights Judge Kavanaugh’s advancement of women in the legal field:

“As the largest public policy organization for women in the country, CWALAC takes special note of Judge Kavanaugh’s commitment to the development of women in the legal field…Judge Kavanaugh employed the first all-female class of law clerks in the history of the D.C. Circuit Court, and more than half of his law clerks have been women. There is no question that his incredible efforts to advance women in the legal field will yield incredible fruit for generations to come.”

Click here to access the letter (.PDF).

Aug 22 2018
0

A Week of Prayer for Brett Kavanaugh’s Nomination

By | Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

Prayer and action lay at the foundation of Concerned Women for America (CWA). In many ways, they are intermingled. Prayer is action — the most powerful kind of action we take here at CWA. So, as we continue our work to support the nomination of Judge Brett Kavanaugh to the United States Supreme Court, we want to take a week just before his Senate Judiciary Committee hearings commence on Sept. 4 and pray for his nomination.

What follows is a seven-day prayer calendar starting Tuesday, August 28, and ending on Tuesday, Sept. 4, the first day of hearings. We pray this is helpful to you and gets us in the proper mindset for the spiritual battle ahead.

I want to urge you to make this part of your daily devotion during next week (Aug. 28-Sept.4). Justice is a spiritual matter. Jesus actually called it one of the “weightier matters of the law” (see Matthew 23:23). A quick word search on my Bible software rendered 125 verses using the Hebrew word for “justice.” There are forces working tirelessly to pervert justice who see Judge Kavanaugh as a real threat to their schemes. Let us stand united in prayer asking God, above all, that His will be done.

Taking the approach laid out in Philippians 4:6-7, we are laying out “prayer and supplication, with thanksgiving, let[ting] [our] requests be made known to God.”

Prayer Guide

(Click here to access a printer-friendly version and to add your name to those praying)

Tuesday, August 28, 2018 – Pray for Justice in America

Prayer: Holy Father, we do not seek to be trivial but thorough. We depend on You for everything we have. We praise Your name for the very air we breathe. And we lay at Your feet the preservation of justice and righteousness in our land.

Supplication: Help us thirst for justice and remember its true meaning. Forgive us for perverting it and seeking our own prideful ways, instead of what is truly good and true.

Thanksgiving: We thank You for Your mercy and grace towards us.

Request: Help Judge (and future-Justice) Kavanaugh to not grow cynical in the application and preservation of justice, but to depend on You more and more when the tasks and pressures associated with the position You’ve bestowed on him become increasingly harder.

Wednesday, August 29, 2018 – Pray for the President and His Team

Prayer: Oh Lord, Our God, we live in tumultuous times. And for such a time, You have selected President Donald J. Trump to lead our nation.  We pray Your protection over him and his family and over his team. We pray Your wisdom and guidance will prevail over all other counsel in every office in the White House.

Supplication: Help the president to grow in the knowledge of You. Help him to trust in You and not to lean on his own understanding.

Thanksgiving: We thank You for giving him wisdom in selecting judges. We are so thankful to see people who seek to preserve religious liberty and justice appointed.

Request: Believing that Judge Kavanaugh is just such a judge, we ask You to guide his nomination every step of the way. Let not those who hate justice prevail in their schemes to stop him. May Your people rejoice, seeing Your hand involved throughout it all.

Thursday, August 30, 2018 – Pray for the U.S. Supreme Court

Prayer: Precious Lord, we lift up the U.S. Supreme Court before You today. We pray that Your justice will be the scent that guides the appetites of every Supreme Court justice.

Supplication: Stir the hearts of every one of them toward You: Chief Justice John Roberts, Associate Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, and Neil Gorsuch, and, of course, future-Justice Brett Kavanaugh.

Thanksgiving: We thank You for recent decisions guarding our religious liberties (may the trend continue!).

Request: Guard the justices and their families against the dark seductions that come along with the incredible power of the positions they hold.

Friday, August 31, 2018 – Pray for Judge Kavanaugh and His Family

Prayer: Our Father in heaven, we lift up Judge Brett Kavanaugh and his family to You. Only You can prepare a man for a humanly impossible task, and that is precisely what Judge Kavanaugh faces.

Supplication: Protect him and his family. Give them patience and grace as they face unkindness and outright slander. Let the vicious attacks of the enemy not touch their hearts and minds. Let them not grow weary through it all.

Thanksgiving: We thank You for preparing him for this moment. We thank You for this merciful opportunity to see a man committed to justice and truth appointed to the nation’s highest court.

Request: Give him words of wisdom, clarity of mind, humility and grace as he gets ready for the hearings.

Saturday, September 1, 2018 – Pray for the Media

Prayer: Oh Lord, help us to climb out of this awful pit we are in where so many of us cannot see the truth. Indeed, many do not want to see it. We pray specifically today for the members of our national media.

Supplication: Give them courage and curiosity. Give them a thirst for truth and justice. Send more of your people to shine a light in this important area.

Thanksgiving: We thank You for Your mercy towards our land for so many years. We thank You for our freedoms. We thank you for the freedom of the press.

Request: Help us to learn from our past mistakes, to respond to Your discipline, and to seek after all that is good and true and beautiful. Help the media, as it covers this nomination, to present truth and to reject the manipulations from those seeking personal gain from distorting Judge Kavanaugh’s record.

Sunday, September 2, 2018 – Pray for the Judiciary Committee

Prayer: On this, Your day, we bless Your name, oh God. May Your will be done on Earth as in Heaven. We pray Your will over what is happening next week: the hearings of Judge Kavanaugh.

Supplication: Help all the senators and their teams as they prepare to tackle this important task. We ask that it be conducted with grace and dignity, with respect and compassion.

Thanksgiving: In faith, we stand confident that You are in control and will frustrate the enemy’s plans at every turn. 

Request: We pray for miracles in the lives of all involved, that they may see Your hand at play throughout this process. We pray specifically for the members of the Judiciary Committee: Chairman Chuck Grassley of Iowa, Ranking Member Dianne Feinstein of California, Sen. Orrin Hatch of Utah, Sen. Patrick Leahy of Vermont, Sen. Lindsey Graham of South Carolina, Sen. Dick Durbin of Illinois, Sen. John Cornyn of Texas, Sen. Sheldon Whitehouse of Rhode Island, Sen. Mike Lee of Utah, Sen. Amy Klobuchar of Minnesota, Sen. Ted Cruz of Texas, Sen. Chris Coons of Delaware, Sen. Ben Sasse of Nebraska, Sen. Richard Blumenthal of Connecticut, Sen. Jeff Flake of Arizona, Sen. Mazie Hirono of Hawaii, Sen. Mike Crapo of Idaho, Sen. Cory Booker of New Jersey, Sen. Thom Tillis of North Carolina, Sen. Kamala Harris of California, and Sen. John Neely Kennedy of Louisiana. 

Monday, September 3, 2018 – Pray for the U.S. Senate

Prayer: God and Father, we pray for our elected officials, especially for our senators, as they consider the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. Give them a heart and passion for truth and justice.

Supplication: Guard their hearts and minds against the schemes of those who seek to pervert justice and truth. Give them the courage to rise above partisan politics.

Thanksgiving: We thank You for the freedoms we have enjoyed for so many years. We thank you for these senators who are to represent “we the people.” Guide them in this difficult task.

Request: Help senators to think clearly and justly on this nomination. Help them to concentrate on Judge Kavanaugh and his record, instead of the outside forces pressuring them to act for other personal interests.

Tuesday, September 4, 2018 – the Hearings

Prayer: You, oh God, are our help and confidence. We pray Your blessings on the nomination of Judge Kavanaugh.

Supplication: May the schemes of the enemy be derailed. May truth and justice reign.

Thanksgiving: We thank You for Your involvement and care for us. Who are we that You are mindful of us?

Request: Help us to be engaged and to support truth and justice through prayer and action as we help to get Justice Kavanaugh to the U.S. Supreme Court. We do so, believing he is a man who fears You and will try to be an impartial guardian of justice. May he do so with humility and honor, always remembering that it is truth that sets us free.

Thank you for committing to pray with us.  Please let us know you are joining us by clicking here and signing this petition. There you will have the opportunity to get the prayer guide in .PDF form for easy printing.  Share it far and wide.

Aug 21 2018
0

The Left’s ‘Fake Views’ on SCOTUS Nominee Brett Kavanaugh

By | Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

The left came “guns blazing” in opposition of Judge Brett Kavanaugh, President Donald Trump’s nominee to the U.S. Supreme Court, but it has struggled to come up with a reason why.

Oh, they hate him. Sen. Cory Booker (D-New Jersey) said those who do not oppose Kavanaugh are “complicit in the evil.” The very day President Trump made his announcement, Minority Leader Sen. Chuck Schumer (D-New York) said he would, “oppose Judge Kavanaugh’s nomination with everything I have.” Several others immediately followed suit.

Sen. Kamala Harris (D-California) said, “Kavanaugh represents a direct and fundamental threat to that promise of equality, and so I will oppose his nomination to the Supreme Court.” Some senators did not even wait for the announcement to oppose whoever the nominee was. Here was Sen. Bob Casey (D-Pennsylvania) before the announcement, “I will oppose the nomination the President will make tonight because it represents a corrupt bargain with the far Right, big corporations, and Washington special interests.”

We saw this everywhere. The media-celebrated “Women’s March” sent out their press release opposing “XX.” No need to know who the nominee is; he or she would “further erode protections for almost every marginalized group in America.” Some rallied in front of the Supreme Court with pre-made signs for any nominee they thought possible. The official Twitter account of the Democratic Party reportedly put out a tweet (then deleted it) saying, “Let’s be clear: A vote for #KavanaughSCOTUS would be a vote to rip health care from American families …” only it featured the wrong judge in the picture.

They are outraged. They are mad. At whom? At whomever…

—

Click here to read the rest of this column as featured in CNS News.

Aug 08 2018
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Conservative women in Missouri support Kavanaugh. Will McCaskill listen?

By | Kennedy, Legal, Missouri, Vacancy | No Comments

In the last presidential election, Donald Trump won Missouri with 56.4 percent of the vote over Hillary Clinton’s 37.9 percent. He almost doubled Mitt Romney’s 9.4 percent margin of victory with an imposing 18.5 percent margin, winning 110 of 114 counties.

A big part of that overwhelming support came from Missourians who were understandably concerned with the future of the United States Supreme Court. Remember that the seat of Justice Antonin Scalia was held open in order to give the voters an opportunity to choose the direction we wanted for the Court through our choice in the election…

—Click here to read the rest of this op-ed by CWA of MO State Director Bev Ehlen, as featured in The Kansa City Star.

Aug 03 2018
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PRESS RELEASE: #WomenforKavanaugh Bus Tour to Hit Eight States, Rally Conservative Women

By | Blog, Legal, News and Events, Press Releases, SCOTUS, Vacancy | No Comments

Washington, D.C. — Concerned Women for America, the nation’s largest public policy women’s organization, will kick off the #WomenforKavanaugh Bus Tour on August 8 in Des Moines, Iowa. The eight-state bus tour will rally conservative women to use their voices to support Judge Kavanaugh’s confirmation to the Supreme Court of the United States.

“This is the moment conservative women and evangelical voters have been waiting for and a huge reason why they voted for President Trump,” said Penny Nance, CEO and President of Concerned Women for America. “This grassroots bus tour will utilize CWA state directors, chapter leaders, and volunteers across the nation to rally behind Judge Kavanaugh and demonstrate that he is abundantly qualified to serve on the United States Supreme Court.”

The #WomenforKavanaugh tour will hit cities in Iowa, West Virginia, Missouri, Indiana, Kentucky, South Dakota, North Dakota, and Alabama and run from August 8-21.
Details on the tour can be found at www.womenforkavanaugh.com.
“This in an historic moment for our nation, and I could not be more proud to stand alongside conservative women across the country in support of Judge Kavanaugh,” continued Nance. “Judge Kavanaugh is uniquely qualified, fair, and impartial and fulfills President Trump’s campaign promise to nominate a constitutional conservative to the Supreme Court.”
A full list of stops are below:
  • Wednesday, August 8: Des Moines, Iowa
  • Thursday, August 9: Des Moines and Corning, Iowa
  • Friday, August 10: Indianapolis, Indiana
  • Saturday, August 11: Charleston and Fairlea, West Virginia
  • Sunday, August 12: Louisville, Kentucky
  • Monday, August 13: St. Louis, Missouri, with stop-offs at Hazelwood, Missouri, and St. Charles, Missouri
  • Tuesday, August 14: Jefferson City, Missouri, with stops in O’Fallon, Wentzville, Columbia
  • Wednesday, August 15:  Sedalia, Missouri
  • Thursday, August 16: Sioux Falls, South Dakota, with stop-offs in Omaha, Nebraska; Council Bluffs, Iowa, and Sioux City, Iowa;
  • Friday, August 17: Fargo, North Dakota
  • Tuesday, August 21: Birmingham, Alabama

 

For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973.

Jul 20 2018
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#WomenforKavanaugh gearing up for state battles

By | Blog, News and Events, SCOTUS, Vacancy | No Comments

This week has been full of #WomenforKavanaugh campaign planning and strategizing, and our excitement continues to build! CWA’s National Field Director, Janae Stracke, and General Counsel, Mario Diaz, have been on the phone with state leaders in key states to discuss local events, billboard ads, radio time, opinion editorials, and rallies in their states.

When strategizing for any CWA campaign, one of our main goals is to make sure we’re being good stewards of our funds. We do a cost benefit analysis and consider the return of investment. We want to make sure we get the most bang for our buck and end with measurable results.

In this case, the timing has worked in our favor, and we plan to center our main efforts around several state fairs, which automictically increases our constituent interaction. Every state is important in this battle, but we will be focusing extra efforts in Iowa, Indiana, West Virginia, North Dakota, Alabama, Missouri, and Montana. If you or someone you know wants to join forces with CWA’s #WomenforKavanaugh campaign or donate to the campaign, visit www.womenforkavanaugh.com or email us at [email protected].

Something you may also consider is writing a letter to the editor for your local paper expressing your support of Judge Kavanaugh. You can find helpful talking points at www.womenforkavanaugh.com.

Jul 14 2018
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Conservative Women Rally to Support Judge Kavanaugh

By | Blog, Kennedy, Legal, News and Events, Religious Liberty, Sanctity of Life, SCOTUS, Vacancy | No Comments

This week many Americans were glued to our TV’s waiting to see who President Trump had chosen to replace Justice Anthony Kennedy on the Supreme Court.  For many of us, it was our first opportunity to hear directly from the man whose young daughter’s basketball team calls “Coach K.” He did not disappoint.

Judge Kavanaugh, who currently sits on the D.C. Circuit – considered the “Second Highest Court in the Land” – shared with us his story which highlighted so many values we, as Americans, hold dear, including family, faith, and hard work.

As the Senate begins the process to “advise and consent” the president’s nominee, it’s important to take a measure of the man in judging his fitness for office.

Here are some glimpses into his influences and his character:

Judge Kavanaugh in his speech last week gave thanks and praise to both of his parents who each attended law school, his father working full-time while putting himself through law school at night. But it was Kavanaugh’s mother to whom he paid a special tribute, Maryland Circuit Court Judge Martha Kavanaugh. “My introduction to law came at our dinner table,” he said. Kavanaugh called his mother a trailblazer for women in the legal profession. She pushed through barriers and overcame obstacles as one of the few female prosecutors at the time to become a trial judge. As he accepted President Trump’s nomination, Judge Kavanaugh credited his mother and her legacy. “The president introduced me tonight as Judge Kavanaugh, but to me that title will always belong to my mom.”

Judge Kavanaugh devotes time and energy to his family and his faith. He is involved in his church and spends his time serving meals with Catholic charities and tutoring. He is a leader in his field.

Throughout his tenure as a judge, Kavanaugh has worked to diversify the legal field through the people he chose to work for him. Rebecca Tailbelson, a former Kavanaugh Clerk, not only spoke about Kavanaugh as a judge but also to the quality of his character as a boss and advocate.

“Judge Kavanaugh has had a really outsized role in helping to diversify this little sliver of the legal profession, and he’s done so by hiring predominantly female – I think a majority of his law clerks have been women which is sort of unheard of at this level. And then after he hires us, he goes to bat for us in every way. It’s impossible to get that Supreme Court clerkship if you don’t have an appeals court judge like Brett Kavanaugh going to bat for you. He goes to bat for us, and then he goes to bat for us for every job after that.”

From the respect with which he honors his mother, to his devotion to raising strong daughters, and his work diversifying the legal field, Judge Kavanaugh has shown through action, not just words, his choice to esteem women.

There are just nine individuals who safeguard our Constitution, the document that has protected our God-given rights for 231 years. There could not be a more qualified candidate to sit on this esteemed bench at this time.

Concerned Women for America is honored to stand behind Judge Kavanaugh and support him during his confirmation. We have launched a $500,000 campaign called “Women for Kavanaugh.” We are devoting considerable resources to this effort and rallying our happy warriors across the nation to use their voices in support of Judge Brett Kavanaugh’s confirmation. We were active in Justice Neil Gorsuch’s confirmation and plan to be equally active for Judge K, because we trust that he will be another great justice!

CWA stands with Judge Kavanaugh, because his life and his work exemplify what we want to ensure for this generation and generations to come. This is about our children, our grandchildren, and the future of the home that we love. #ConfirmJudgeK

Editor’s Note: A version of this article was published by The Stream. Click here to read it there.

Jul 10 2018
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Women for Kavanaugh Grassroots Effort to Sweep the Nation

By | Blog, Kennedy, News and Events, Press Releases, SCOTUS, Vacancy | No Comments

Washington, D.C. — Concerned Women for America (CWA), the largest public policy organization of women in the country, is launching a $500,000 grassroots effort to support the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court.

Penny Nance, CEO and President of Concerned Women for America, issued the following statement:

“We are happy to announce that Concerned Women for America is launching a $500,000 grassroots campaign called “Women for Kavanaugh ” (WomenforKavanaugh.com) to rally conservative women across the nation in support of the confirmation of Judge Brett Kavanaugh.  While this is a national effort, there will be specific efforts in nine key states to educate and engage our activist in efforts to communicate with their senators.  CWA activists from around the nation have been waiting for this historic opportunity to restore constitutional balance to the nation’s highest court, and they are ready to meet the challenge. We will do everything in our power to support this noble, eminently qualified nominee against the unfair attacks from the left.

“This is the moment for which conservative women have been waiting, and the ‘happy warrior’ women I represent are eager to engage in an effort they know will help preserve justice and liberty for their children and their children’s children.

“During his presidential campaign, President Trump promised to nominate judges in the mold of the late, great Justice Antonin Scalia. That was one of the main reasons why conservative women turned out for President Trump in such great numbers. The president delivered on that promise with Justice Neil Gorsuch, and he has delivered once again with soon-to-be Justice Brett Kavanaugh.

“The U.S. Senate must now rise above political pettiness and give this nominee a fair consideration. President Trump is not the nominee; he already won.  Judge Kavanaugh is the nominee, and his record speaks for itself. It is worth noting that Judge Kavanaugh was already confirmed to the D.C. Circuit, commonly recognized as the second most powerful court in the land, with bipartisan support. He should be confirmed swiftly with overwhelming support this time, too.

“Our message is simple: ‘Confirm Judge K.’”

 

For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973

Jul 09 2018
0

Who is Judge Brett Kavanaugh and Why We Should Support Him?

By | Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

If you did not get a chance to hear from Judge Kavanaugh at his nomination announcement, I encourage you to take the time and listen to him. I am confident you will see in him what virtually everyone he has worked with will testify; this is an honorable man for whom family and faith are incredibly important. His humility and candor are evident.

But, of course, he also has an impeccable professional record that is second to none. He graduated from Yale and had several prestigious clerkships with Judges in the Third and Ninth Circuit, and Justice Anthony Kennedy at the U.S. Supreme Court.  He later served as an associate at the Office of Independent Counsel Ken Starr and also as Senior Associate Counsel for President George Bush.

 

It is because of this public service that liberals staunchly opposed Judge Kavanaugh when he was nominated for the United States Court of Appeals for the District of Columbia Circuit. He was first nominated in 2003, but his nomination stalled for three years in the Senate as they unfairly targeted him for political reasons. He was finally confirmed in 2006 by a vote of 57-36.

That he is so fiercely opposed by the radical liberals tells you a lot. Judge Kavanaugh has written over 300 published opinions and has proven himself to be an impartial judge seeking to apply the Constitution as written, refusing to legislate from the bench which is what the left demands.

Judge Kavanaugh (a Catholic himself) has protected religious freedom, as protected by the Constitution. In Newdow v. Roberts, he upheld prayer and invocations at government ceremonies. Noting Supreme Court precedent that, “The Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society.”

In Archdiocese of Washington v. WMATA, Judge Kavanaugh was appalled at the unconstitutionality of D.C. Metro’s ban on religious advertising.  As The Washington Post reported, “Judge Brett M. Kavanaugh was unrelenting in questioning Metro’s lawyer, former solicitor general Donald B. Verrilli Jr., and stated unequivocally his view that the policy is ‘pure discrimination’ in violation of the First Amendment.”

In Priests for Life v. HHS, Judge Kavanaugh voted to prevent the Obama Administration from enforcing its contraceptive mandate against religious entities.

Kavanaugh also recognizes the Government’s interest in protecting the unborn. In a recent case (Garza v. Hargan ) we told you about, where an illegal immigrant minor in U.S. custody wanted to force the government to help her in getting an abortion, Judge Kavanaugh recognized the government’s legitimate interest in preferring life over abortion.

Although you may hear some concern from some of our friends in the pro-life community about this case, the reality is that judge Kavanaugh strongly rejected the ACLU’s argument, instead siding with the legal argument made by the Trump Administration that requiring the federal government to assist the minor in obtaining an abortion would ignore the government’s “permissible interest in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion.” He forcefully dissented from the en banc ruling saying it was “based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.”

Judge Kavanaugh has stood strong against the overreaching of federal agencies. He dissented from a denial of en banc rehearing in U.S. Telecom Ass’n v. FCC writing that, “the Government must keep its hands off the editorial decisions of Internet service providers.” And he has many other encouraging decisions in this area.

There is simply no other way to look at this nomination than to say it is an excellent pick by President Trump.  We’ve just scratched the surface; Judge Kavanaugh has strong opinions respecting the Second Amendment and upholding voter ID laws, among hundreds of others.

Justice Kavanaugh will be no swing vote.  He has proven he will stand for the Constitution as written every time, and he deserves our support.

—
Mario Diaz, Esq. is CWA’s general counsel. Follow him on Twitter @mariodiazesq.

Jul 09 2018
0

Trump’s Solid Choice for the Supreme Court is Good News for All Americans

By | Blog, Kennedy, Legal, News and Events, Press Releases, SCOTUS, Vacancy | No Comments

Washington, D.C. – Moments ago, President Donald J. Trump announced Brett Kavanaugh as his nominee to fill Justice Anthony Kennedy’s vacancy at the United States Supreme Court. 

Penny Nance, CEO and President of Concerned Women for America, issued the following statement:

“This is an historic moment for the United States. This is why conservative women voted overwhelmingly for Donald J. Trump – to ensure that a proper constitutional balance is restored to our nation’s highest court. President Trump made a promise to the American people and, just as with the confirmation of Justice Neil Gorsuch, he is delivering on that promise.

“Judge Brett Kavanaugh is abundantly qualified to sit on the bench of the United States Supreme Court. He is among the best and brightest jurists on the appellate courts with a reputation of being fair and impartial in his decisions. Judge Kavanaugh is known as a judge who respects the Constitution as written, refusing to legislate from the bench.  This is what we need at this time on the U.S. Supreme Court.

“Concerned Women for America is ready to stand up for Judge Kavanaugh and against the political attacks of the left which have little to do with the candidate’s record. This is not just about us; this is about our children and their children. This is about the future of this nation for generations to come, and we plan on giving everything we have in order to leave them a Supreme Court that will protect their liberties and uphold our Constitution.

“Simply put, Judge Brett Kavanaugh is an outstanding choice.  President Trump, once again, is keeping his promises to the American people by picking a highly qualified, fair, and independent judge – just as he did with Neil Gorsuch. He will be another great justice, and the U.S. Senate should confirm him expeditiously.”

For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973.

Jul 06 2018
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SCOTUS Update: On the Ground in Iowa

By | Blog, Kennedy, Legal, News and Events, SCOTUS, Vacancy | No Comments

This week, Concerned Women for America of Iowa were in Webster County and Fayette County to attend Sen. Grassley’s (R-Iowa) first town hall meetings since Justice Kennedy announced his resignation. As expected, this was a big issue at the meeting. Our National Field Director, Janae Stracke, and Field Coordinator, Amelia Koehn, who also happen to be from Iowa, were able to attend the meetings and speak on behalf of our thousands of members, some of whom were also at the meetings.

Both meetings were standing room only due to the large crowds of people. Janae shared that she must have chosen to sit right where the recruited planned parenthood supporters were sitting because they seemed to be all around her. Several of them stood to speak in support of abortion and expressed their fear of losing so-called “reproductive rights” in relation to the new supreme court vacancy.

However, when Janae stood and thanked Sen. Grassley for his fair and balanced work as the chairman of the Senate Judiciary Committee and encouraged him to see President Trump’s nominee through a fair and evenhanded process, the crowd’s agreement was obvious. They erupted in applause after Janae spoke, showing their support for CWA’s stance rather than the fear-tactics of Planned Parenthood. Janae’s comments set off a chain reaction and several other attendees then went on to speak in favor of Sen. Grassley seeing Trump’s upcoming nominee through a smooth and fair process.

At the meeting the next morning, both Janae and Amelia were able to speak in support of Sen. Grassley and after the meeting, a handful of other audience members approached them to thank her for speaking. Janae was also able to speak to Iowa Public Radio.

This is just the beginning! Throughout this confirmation process, Concerned Women for America will continue to encourage, equip, and mobilize people all across the country. We invite you to join us!

Jun 29 2018
0

SCOTUS Vacancy Not About Roe

By | Kennedy, Legal, News and Events, Sanctity of Life, SCOTUS, Vacancy | No Comments

As you know, the world ends every week in America. This week, it is because of the announced retirement of Justice Anthony Kennedy from the U.S. Supreme Court. The left reveres abortion. And every time a Supreme Court vacancy occurs, we hear the screeching call to arms of Big Abortion and its devotees in the media and Hollywood. They never disappoint.

Here’s Michael Ian Black’s graceful take on Twitter: “Stock up on abortions now. Roe v. Wade is gone.”

They’re just cool and rational and funny, you see.

CNN’s Jeffrey Toobin was a bit more measured, as a member of the media, saying, “Abortion will be illegal in twenty states in 18 months.”

The fact that this one decision is always at the center of their fears reflects not only their veneration of abortion (they venerate other issues that do not get the same attention). It’s actually the reflection of Roe’s very poor (in fact, non-existent) constitutional underpinnings. In that sense, they should be worried about the great monuments they have built on such flimsy foundations.

Click here to read the rest of this op-ed as published on The Stream.