Judicial Action Group

Conservative Groups Urge Maximum Obstruction Of Hillary Clinton's Judicial Nominees

At a Values Voter Summit panel this weekend, top conservative legal groups promised that if Hillary Clinton becomes president, they will pressure GOP senators to obstruct her judicial nominees to the greatest extent possible, including attempting to prevent her from replacing the late Justice Antonin Scalia on the Supreme Court.

Carrie Severino of the Judicial Crisis Network, Phillip Jauregui of the Judicial Action Group, and David Christensen and Mandi Ancalle of the Family Research Council discussed what they would urge the president and the Senate to do in the first 100 days of the next presidency. In the case of a Clinton presidency and a Republican-controlled Senate, they promised maximum obstruction of judicial nominees.

Severino, who once called Judge Merrick Garland “the best scenario we could hope for” in an Obama Supreme Court nominee and said that “of those the president could nominate, we could do a lot worse” than Garland, predictably changed her tune once Obama actually did nominate Garland to replace Scalia on the Supreme Court. At the Values Voter Summit, Severino insisted that senators would “effectively nullify their oath to uphold the Constitution” by voting to confirm Garland.

“Say you’re in a state where there’s no chance on who’s going to win on the president’s side, it’s so important to remember how significant these senatorial races are, because the senators also had an oath to the Constitution,” she said. “They have to uphold and defend the Constitution. That means, when it comes to a vote for a nominee, so even if it is someone who is absolutely not going to uphold the Constitution as it is written, like Merrick Garland even, even if he does come to a vote—and I suspect that if he remains the nominee into the next presidency, he probably would come up for hearings and a vote at some point—our senators simply cannot be voting for someone that would effectively nullify their oath to uphold the Constitution. So I think we have to remember to remind our senators of that.”

Severino dismissed the idea of the Republican Senate confirming Garland in a lame duck session if Clinton wins the election, saying that if Clinton becomes president and renominates Garland or picks someone “more radical” for the court, GOP senators could stall proceedings and “maybe we'll have eight justices for awhile.” When asked how long she thought it would be realistic for a GOP senate to block a Clinton nominee to the court, she said, “I think the court could really function as long as it needed to with eight justices.”

She said that the “best case scenario” under a Clinton presidency would be if Clinton worked with Republicans in the Senate to pick a nominee who “did actually have a record of upholding the Constitution”; it’s unclear who she thinks such a nominee could be, since she previously called Garland the “best scenario” for a Democratic Supreme Court nominee.

Severino’s message that the Senate should obstruct just about any Hillary Clinton nominee contradicts the claims made by her group and others that they are merely blocking President Obama’s Supreme Court nominee because the decision on who to appoint to the Supreme Court should be left to the next president. (In the words of a Judicial Crisis Network ad: “This isn’t about Republicans or Democrats. It’s about your voice. You choose the next president, the next president chooses the next justice.”)

The Judicial Action Group’s Jauregui impressed upon the activists in the room that they would also have to be prepared to “fight vigorously” on nominations to the lower federal courts under the next president, including closely monitoring a President Trump’s nominations. He praised the effort of Texas Sens. John Cornyn and Ted Cruz to prevent President Obama’s filling of judicial vacancies in their home state by refusing to turn in “blue slips” giving the go-ahead for hearings on nominees, hinting at an obstruction strategy conservative groups might urge GOP senators to use under a Clinton presidency.

Jauregui urged the current Republican Senate to vow now to keep the current rules barring filibusters of lower-court judicial nominees if they stay in power, no matter who becomes president, saying it would be “foolish to say the best” to do otherwise.

Severino agreed that it would be “just as well” to see the judicial filibuster abolished for good after Senate Democrats invoked the so-called “nuclear option” in the face of entrenched GOP obstruction in 2013. She said that eliminating the filibuster on judicial nominees would probably help conservatives in the long run.

“If you’re not using a weapon, you might as well not have it anyway,” she said. “So now I say, move on, I think we’re living in a world, unfortunately, a post-nuclear world where 51 votes is all you need for a nominee, and that in the long term may actually help in terms of getting some of these constitutionally sound judges on the court.”

Conservative Pundit: Impeach Kennedy Over Marriage Equality Ruling

On Tuesday, Sandy Rios of the American Family Association denounced the nomination of Wilhelmina Wright for a seat on the federal district court in Minnesota, urging Senate Republicans to not only oppose Wright but also to block every single one of President Obama’s remaining judicial nominees.

The Senate confirmed Wright’s nomination yesterday, angering Rios, who invited right-wing activist Phillip Jauregui of the Judicial Action Group on to her radio show this morning to talk about the importance of judicial nominations.

Rios told Jauregui that the Senate must stop even holding a vote for President Obama’s judicial nominees because “when you put judges on the court who do not respect the Constitution or are not really loyal to American values as expressed in the Constitution, there is no justice.”

The two moved on to discuss the Supreme Court’s decision to take up a case on the legality of Obama’s executive actions on immigration, which Rios found “tremendously concerning because that court is out of control itself and is not delivering justice, they’re delivering their own personal opinions.”

She cited the Obergefell decision, which struck down state bans on same-sex marriage, as one such ruling, saying she was “just devastated” upon hearing about the “absolutely irrational” decision. “It made no sense whatsoever and I don’t trust them anymore,” she said.

Jauregui, criticizing Justice Kennedy’s “horrendous” opinion in Obergefell, said that the justice is “horrible and he’s honestly a judge that ought to be impeached”

Later, Jauregui claimed that members of Congress would never block the president’s executive actions, giving him a reason to issue further ones of questionable legality. “This is not far from an imperial dictator we’re talking about,” he said.

Rios urged congressional Republicans to “find their spine” and stop spending time hating on Ted Cruz.

Anti-Gay Activists Rally Behind Roy Moore, Who Touts 'States' Rights'

Alabama Chief Justice Roy Moore is winning plaudits from Religious Right groups after he issued an administrative order directing probate judges in his state not to issue marriage licenses to same-sex couples. Moore was an anti-gay activist in his own right before returning to the court in 2013, founding the far-right Foundation for Moral Law, which has published yesterday’s order on its website.

Moore told the far-right site WorldNetDaily that the Obergefell case provides “a wonderful time to teach the people of our country about states’ rights,” explaining that his order reflects the fact that “states do have powers.”

Already, Moore is winning support from those who called on state and local officials, such as Kentucky clerk Kim Davis, to defy the Supreme Court’s Obergefell ruling.

Phillip Jauregui of the Judicial Action Group:

This Order is both courageous and very well-reasoned. We need more federal and state officers like Chief Justice Moore who understand that the job of the Federal Judiciary is not to legislate from the bench, but rather to simply decide disputes between parties consistent with the text of the Constitution. Judicial opinions, like Obergefell v. Hodges, that purport to set policy for all of America are simply not supported by the Constitutional grant of powers given to the Judiciary.

Thank God for Chief Justice Moore! Please keep him, his family, and his staff in your prayers!

Mat Staver of Liberty Counsel:

“I applaud Chief Justice Roy Moore for this order reaffirming the marriage law in Alabama,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The Alabama Supreme Court issued an order in March 2015 barring probate judges from issuing same-sex marriage licenses after a federal court in January of last year overturned Alabama's voter-approved constitutional amendment defining marriage as one man and one woman,” Staver explained. “In Alabama and across America, state judiciaries and legislatures are standing up against the federal judiciary or anyone else who wants to come up with some cockeyed view that somehow the Constitution now births some newfound notion of same-sex marriage."

“The opinion of five lawyers on the U.S. Supreme Court regarding same-sex marriage is lawless and without legal or historical support," Staver concluded.

National Organization for Marriage:

These legal developments are consistent with the developing resistance in America to the Supreme Court's attempt to legislate from the bench when it comes to marriage, ignoring the federal constitution in the process and inventing out of thin air a "right" to same-sex 'marriage.'

The American people reject judicial activism of the US Supreme Court and their attempt to redefine marriage. They continue to support marriage as it has existed throughout our nation's history, the union of one man and one woman.

Sanctity of Marriage Alabama:

Sanctity of Marriage Alabama applauds Chief Justice Roy Moore for doing his job and clarifying what is, in fact, the current law in Alabama. Chief Justice Moore has a constitutional duty (see Ala. Code 12-2-30) as head of the judicial system to "[take affirmative action to correct any] situation adversely affecting the administration of justice within the state." He has done this today. We expect that the associate justices of the Alabama Supreme Court will once again follow the line of duty before God and the Constitutions of the United States and Alabama as they did back in March."

Bryan Fischer of American Family Radio:

Anti-Gay Groups Want Congress To Block A SCOTUS Marriage Equality Ruling

A coalition of far-right groups, including Faith 2 Action, Americans For Truth About Homosexuality, BarbWire, Vision America Action and the Judicial Action Group, wants Congress to order the Supreme Court and other federal courts to “cease and desist” from ruling on same-sex marriage cases.

In a letter to Congress, which it dubs a “Restraining Order,” the coalition claims that the “judicial usurpation” on marriage “fueled a government assault on Constitutionally protected First Amendment rights of pastors, churches, business and facility owners, employees, public officials, organizations, ministries and citizens.”

Of course, the coalition is asking for as much as $49.95 to send the letters to members of Congress.

Far Right Leaders Vow to 'Take Back America' from 'Evil' Obama and Democrats Starting with Congress in 2010

The How To Take Back America conference held in St. Louis September 25 and 26 drew some 600 activists and, according to organizers, 100,000 online viewers. The gathering was an expanded version of the annual conference held by Phyllis Schlafly’s Eagle Forum, co-hosted this year by radio personality and far-right activist Janet Folger Porter and promoted by other right-wing bloggers and radio shows.

Why Are GOP Officials Embracing Extremists at Upcoming ‘How to Take Back America’ Conference?

If the Values Voter Summit last weekend in Washington, D.C. confirmed the tight mutual embrace between the Religious Right and the national Republican Party, the How to Take Back America conference taking place in St. Louis, MO this coming weekend demonstrates national GOP figures’ willingness to embrace even the most extreme elements of the right-wing political movement.
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