TPMDC Supreme Court
Affordable Care Act
Is The Obama Admin Trying To Box In Scalia On The Health Care Mandate?
Justice Antonin Scalia
On first blush, it seems like a no-brainer that Antonin Scalia will vote to overturn the health care reform law's requirement that Americans buy insurance: the Reagan-appointed justice is a staunch conservative who's beloved by Republicans; for what possible reason could he deliver such a devastating blow to his own side and boost President Obama?
The answer: judicial precedent. His own. And the Obama administration has noticed.
In its brief filed with the Supreme Court Friday, the Justice Department cited no fewer than 10 times the 2005 Gonzalez v. Raich case, in which Scalia (and Justice Anthony Kennedy) broke with the court's conservative wing to hand down what scholars viewed as one of the broadest declarations of federal power under the Commerce Clause: a 6-3 ruling decreeing that Congress may ban a medical-marijuana patient from growing cannabis for personal use in California where it's legal.
Topics: Affordable Care Act, Antonin Scalia, Supreme Court
Health Care
DOJ Files Brief Defending Key Health Care Law Provision To SCOTUS
President Barack Obama speaks on the economy in Shaker Heights, OH on January 4, 2012.
Here's the Justice Department's brief defending the new health care law's individual Supreme Court.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Health Care, Health Care Repeal, Health care lawsuits, Individual Mandate, Supreme Court
Medicaid
ObamaCare Challenge Exposes Conservative Hypocrisy On Federal Power
The Supreme Court in Washington, DC
Next year policy wonks, politics junkies, and legal experts will wait with bated breath for the Supreme Court to determine the constitutionality of a key section of President Obama's health care law: the mandate that uninsured individuals purchase health care coverage.
But the court will also review another major piece of the law -- the requirement that states expand Medicaid eligibility to people with incomes of up to 133 percent of the federal poverty line. This is no small expansion. Of all the millions of people expected to become insured under the law, about half will be covered through Medicaid.
For the first several years, the federal government will pay the states for the full cost of the expansion. After 2020, the federal contribution will drop to 90 percent. States with conservative governors don't like this one bit. But Medicaid is a voluntary program -- if states don't like the terms and conditions the government sets for the program, they're free to drop out of it.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Abortion, Health Care, Health care lawsuits, Medicaid, Obamacare, Supreme Court
Obamacare
Supreme Court To Review Obamacare Individual Mandate
The U.S. Supreme Court building
The U.S. Supreme Court will review the constitutionality of a key part of President Obama's health care law, and will likely issue a decision by July 2012, in the middle of next year's election.
Monday's announcement comes just days after the latest appeals court ruling on the law's mandate that people purchase health insurance. The three judge panel in the District of Columbia upheld the constitutionality of the provision, as have several other appeals courts. One has ruled that the provision should be stricken.
However, it's that particular case the Supreme Court has chosen to review -- one joined by over two dozen states and the National Federation of Independent Businesses. It has journeyed through conservative district and circuit courts, both of which ruled with plaintiffs, so it may not be the ideal bellwether. But as conservative reporter Philip Klein notes, very bright conservative litigators are arguing this one.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Health Care, Health Care Repeal, Health care lawsuits, Individual Mandate, Obamacare, Supreme Court
Health Care
Fourth Circuit Court Throws Out Lawsuit Against Affordable Care Act
Image From Lenetstan / Shutterstock
The 4th Circuit Court of Appeals threw out a challenge to President Obama's signature health law on Thursday, deciding that the plaintiffs in the case didn't have standing to contest the legislation.
The three-judge panel determined that a lawsuit by Virginia Attorney General Ken Cuccinelli and challenging the health care law's individual mandate should be dismissed on jurisdictional grounds. In a separate ruling, the majority determined that a separate lawsuit by Jerry Falwell's Liberty University should not proceed as well. In previous hearings, judges had expressed skepticism that Virginia had the standing to challenge the mandate section of the bill given that it applied to individuals and not state institutions.
Topics: Barack Obama, Health Care, Ken Cuccinelli, Supreme Court
Rick Perry
Has A Texas Execution Put Americans Abroad At Risk?
Gov. Rick Perry (R-TX)
If the Obama administration's Solicitor-General is to be believed then the State of Texas has just caused "irreparable harm" to America's foreign relations. And if you also heed the warnings of numerous US diplomats and ex-military officials, then it has also jeopardized the safety of countless Americans overseas.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Death Penalty, Rick Perry, Supreme Court, Texas
Wal-Mart
Wal-Mart Wins First Round In Sex Discrimination Legal Fight
Wal-Mart
Wal-Mart's legal team and lawyers representing more than a million women across the country went head-to-head before the Supreme Court in March. Today, the nine Justices handed the company a victory.
In a unanimous ruling, the Court said the 1.5-million plaintiff class action suit is too large to proceed. That reverses a 9th Circuit Court of Appeals ruling that the case could go ahead.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Supreme Court, Wal-Mart
Supreme Court
Benefactor's Activities Raise New Ethical Concerns About Justice Thomas
Some degree of conflict of interest is inherent in any judge's professional life -- Justice Sonia Sotomayor, for instance, saw it necessary to recuse herself from at least 141 cases before she joined the Supreme Court -- but when it comes to ethical complications on the nation's highest court, Clarence Thomas takes the cake. Of particular concern is Thomas' wife, Virginia, who founded a Tea Party-affiliated group called Liberty Central that opposes various progressive causes, including health care reform -- an issue that's almost certain to come before her husband's court.
But an increasing number of revelations about Clarence Thomas' own activities are raising questions about his impartiality. The New York Times reports that the real estate magnate Harlan Crow -- a good friend of Thomas and a benefactor of his wife, to whom he gave $500,000 to help start Liberty Central -- is now financing a multimillion-dollar restoration of an old Georgia cannery where Thomas' mother once worked, at the justice's behest.
These activities do not appear to be illegal, since Supreme Court justices are not required to abide by the ethics code that binds federal judges. Still, other justices have said they adhere to it, and Thomas' apparent disregard of it is raising red flags.
The Times reports:
The code says judges "should not personally participate" in raising money for charitable endeavors, out of concern that donors might feel pressured to give or entitled to favorable treatment from the judge. In addition, judges are not even supposed to know who donates to projects honoring them.While the nonprofit Pin Point museum is not intended to honor Justice Thomas, people involved in the project said his role in the community's history would inevitably be part of it, and he participated in a documentary film that is to accompany the exhibits.
Deborah L. Rhode, a Stanford University law professor who has called for stricter ethics rules for Supreme Court justices, said Justice Thomas "should not be directly involved in fund-raising activities, no matter how worthy they are or whether he's being centrally honored by the museum."
In another potential conflict of interest, Thomas and Justice Antonin Scalia attended a political retreat run by the Koch brothers; their subsequent ruling in the Citizens United campaign finance case greatly benefited the Koch brothers' political activities. The advocacy group Common Cause has asked the Justice Department to open an investigation into the propriety of the justices' participation in the case.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Clarence Thomas, Supreme Court
Senate Republicans
Republicans Poised To Filibuster Liu Nomination
Goodwin Liu
Republicans in the Senate are poised to block one of the youngest and most promising liberal legal minds from ascending to the U.S. Court of Appeals for the 9th Circuit more than a year after President Obama appointed him.
Majority Leader Harry Reid (D-NV) Tuesday night filed a motion to limit debate on Liu's nomination. The motion requires 60 votes to pass, but Republicans are signaling strong opposition and may have enough votes to sink the motion and effectively filibuster the nomination when it comes to the floor Thursday.
Topics: Goodwin Liu, Samuel Alito, Senate Democrats, Senate Judiciary Committee, Senate Republicans, Supreme Court
Health Care
Supreme Court Denies Health Care Opponents' Fast Track Request
VA Attorney General Ken Cuccinelli
The Supreme Court has decided not to make history by bumping Virginia's crusade against the new national health care law to the front of the legal line.
The ruling -- denying a request from Virginia Attorney General Ken Cuccinelli to "fast track" appeals of his state's lawsuit calling the health care law's insurance mandate unconstitutional -- is not unusual, but it does mean opponents of the law will have to wait their turn before getting a chance to kill the law in the nation's highest court.
Had Cuccinelli gotten his way, federal appeals of the lawsuit, which succeeded at the district level, would have gone straight to the Supreme Court. But as the AP reports, that was a long-shot bet:
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Health Care, Ken Cuccinelli, Supreme Court
Roundup
TPMDC Morning Roundup
Republicans Upset With Obama's Regime Change Remarks
CNN reports: "When U.S. President Barack Obama said Monday it would be wrong to seek regime change in Libya by force, Republican lawmakers took issue -- saying removing Libyan leader Moammar Qaddafi is and should be precisely the goal."
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 9:30 a.m. ET. He will depart from the White House at 1 p.m. ET, and depart from Andrews Air Force Base at 1:15 p.m. ET, arriving at 2:05 p.m. ET in New York, NY. He will deliver remarks at 4:45 p.m. ET, at the dedication of the Ronald H. Brown United States Mission to the United Nations Building. He will deliver remarks at a DNC event at 7 p.m. ET , and at another DNC event at 9:05 p.m. He will depart from New York at 10:10 p.m. ET, arrive at Andrews Air Force Base at 11 p.m. ET, and arrive back at the White House at 11:10 p.m. ET.
Topics: Barack Obama, Budget, Campaign Finance, Government Shutdown, Joe Biden, Libya, Muammar Qaddafi, Roundup, Supreme Court
Health Care
Weiner Says SCOTUS Will Rule Against Health Care Law, Paving Way For Public Option
Rep. Anthony Weiner (D-NY)
This is more in the spirit of partypooping than of celebration. But on the first anniversary of the Affordable Care Act, one of the law's most dogged defenders, Rep. Anthony Weiner (D-NY), admitted he thinks the Supreme Court will strike down the individual mandate. It's not that he thinks the mandate is unconstitutional, but that the court has become so partisan, that its conservative justices will rule against President Obama in a 5-4 decision. He wasn't glum about it, though -- if the mandate goes he said it will pave the way for Congress to pass the public option.
"If lightning strikes, and it turns out that as many of us believe, the Supreme Court turns out to be a third political branch of government and they strike down the mandate -- big deal," Weiner said, expressing a 'so what?!' sentiment. "Big deal!"
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Anthony Weiner, Barack Obama, Clarence Thomas, Ginni Thomas, Health Care, Health care lawsuits, Individual Mandate, Public Option, Supreme Court, Tea Party
Roundup
TPMDC Sunday Roundup
Daley: People Talk About No-Fly Zone As If It Were A 'Video Game'
Appearing on Meet The Press, White House Chief of Staff Bill Daley criticized those who call for a no-fly zone in Libya: "Well, you know, lots of people throw around phrases of 'no-fly zone,' and they talk about it as though it's just a game on a video game or something, and some people who throw, throw that line out have no idea what they're talking about," said Daley. "Bob Gates understands the difficulty of going to war. This is a man who spent his--almost his entire life working for the government. He, he knows the difficulty of war and the challenges, as does Admiral Mullen. So when, when people comment on military action, most of them have no idea what they're talking about."
McCain: Qaddafi 'Insane,' A No-Fly Zone Can Send Message To People Around Him
Appearing on This Week, Sen. John McCain (R-AZ) reiterated his support for a no-fly zone as part of an effort to oust Muammar Qaddafi. He's insane. But perhaps the people around him would begin to depart the sinking ship," said McCain. He also added: "Again, by a no-fly zone, by declaring our support for a provisional government, perhaps, which is being formed up now - there is a lot of steps we can take."
Topics: 2012 Presidential Primaries, 2012 elections, Barack Obama, Budget, Donald Trump, John McCain, Keith Ellison, Lamar Alexander, Libya, Michele Bachmann, Mitch McConnell, Muslims, Peter King, Pres '12, Roundup, Sunday Shows, Supreme Court, Westboro Baptist Church, William Daley
112th Congress
Reps. Weiner and Murphy: Force Politicized Supremes to Recuse Themselves
Supreme Court Justice Clarence Thomas
Taking up progressive complaints that the Supreme Court has become dangerously politicized, Reps. Anthony Weiner (D-NY) and Chris Murphy (D-CT) are introducing legislation that could require justices to recuse themselves in certain cases.
"The problem is the only person who can decide whether Justice Thomas can recuse himself is Justice Thomas," Murphy told reporters at a press conference outside the Capitol. "That's wrong and that needs to change."
The bill would allow the Judicial Conference, which determines standards of recusal for federal judges, to examine Supreme Court members as well and create guidelines for determining a conflict of interest. They could even force members to step down from certain cases if they determined a procedure for such a move. The bill would also require members to offer an explanation if they decide to recuse themselves voluntarily as to why they declined to judge a case.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: 112th Congress, Anthony Weiner, Antonin Scalia, Chris Murphy, Clarence Thomas, Ginni Thomas, Health Care, Supreme Court
Health Care
Republicans See Opportunity To Capture Health Law If SCOTUS Strikes Mandate
Sen. Orrin Hatch (R-UT)
An interesting dynamic is taking shape in Congress as health care lawsuits challenging the constitutionality of the individual mandate wind their way up to the Supreme Court.
One potential outcome -- and the one that Republicans are hoping for -- is that the Supreme Court will invalidate the mandate and sever it from the law, leaving an unstable health care policy in place.
Theoretically, Congress could just change that mandate in a way that would easily pass constitutional muster -- simple tweaks that could pass in a matter of days and leave the implementation process largely unmolested.
But for that to happen, Republicans would have to play ball -- and that would mean giving up new-found leverage to really undercut the law. Don't fool yourself into thinking they'd give up that power willingly.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Bob Corker, Constitution, Health Care, Health care lawsuits, Individual Mandate, Orrin Hatch, Republicans, Supreme Court
Health Care
Obama Administration Opposes Expedited SCOTUS Ruling On Health Law
The Obama Administration wants to bide its time on its legal defense of health care reform. In a statement to reporters Thursday morning, spokeswoman Tracy Schmaler says the Department of Justice is opposed to calls -- by Republicans and some Democrats -- for an expedited Supreme Court ruling on the constitutionality of the health care law's individual mandate.
"The Department continues to believe this case should follow the ordinary course of allowing the court of appeals to hear it first so the issues and arguments concerning the Affordable Care Act can be fully developed before the Supreme Court decides whether to consider it," she says.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Bill Nelson, Department of Justice, Health Care, Health care lawsuits, Henry E. Hudson, Henry Hudson, Ken Cuccinelli, Republicans, Roger Vinson, Supreme Court
State Of The Union
Which Supreme Court Justices Are Skipping The SOTU?
Supreme Court Justices Samuel Alito, Clarence Thomas, Antonin Scalia
The Supreme Court appears to be dividing 6-3 -- on whether the nine individual Justices are attending tonight's State of the Union address.
As you might recall, last year Justice Samuel Alito got into some controversy when he reflexively mouthed out the words "not true" in response to Obama's criticism of the Citizens United ruling, which overturned a variety of limits on corporate spending in political campaigns.
Several weeks later, Chief Justice John Roberts said he was "very troubled" by the whole environment of the State of the Union: "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we are there."
And as it turns out, some of the conservatives justices won't be there this time, either -- a new practice for Alito himself, and a long-standing one for others. But interestingly enough, Roberts is still going.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Clarence Thomas, Samuel Alito, State Of The Union, Supreme Court
Antonin Scalia
Dem Reps. Back Scalia's Attendance At Tea Party Constitution Event
Supreme Court Justice Antonin Scalia
Critics of conservative Supreme Court justice Antonin Scalia were quick to raise red flags Monday after he emceed a member seminar on the Constitution at the behest of Tea Party caucus leader Michele Bachmann. MSNBC hosts Lawrence O'Donnell and Rachel Maddow, in particular, suggested his visit was a symptom of the increasing politicization of the Court -- particularly among its conservative members.
But Monday evening, two progressive members who attended the seminar vouched for Scalia and the event, and dispelled the notion that anything untoward happened.
According to Rep. Jan Schakowsky (D-IL), who addressed reporters just outside the forum, the event was "incredibly useful, partly just to get the sense of Justice Scalia as an individual."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Antonin Scalia, Constitution, Jan Schakowsky, Jerrold Nadler, Michele Bachmann, Supreme Court, Tea Party
Roundup
TPMDC Morning Roundup
Obama's Economist Pick Seen As Sign Of New Agenda
The Associated Press reports: "Among the first announcements President Barack Obama will make upon returning from his Hawaiian vacation is his choice for top economic adviser, a decision that could signal a new direction for the administration as it struggles to jumpstart the economy and wrestle down unemployment."
Obama Looks To Chicago For Campaign Headquarters
Politico reports on how President Obama's campaign is considering basing its headquarters in Chicago, rather than the Washington area -- a move that no modern president has done: "Obama's top advisers have concluded that potential drawbacks to locating the headquarters in his home base of Chicago are outweighed by the benefits they anticipate from a break with precedent. And with Republican contenders already circling, there's a sense of urgency toward beginning to set up the reelection effort."
Topics: 2012 elections, Barack Obama, DCCC, Health Care, House '12, Roundup, Sonia Sotomayor, Supreme Court, TARP
Health Care
An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
Virginia Attorney General Ken Cuccinelli, (third from left), Virginia Gov. Bob McDonnell (center), Virginia Lt. Gov. Bill Bolling (third from right) and others observe a moment of silence
Conservative foes of the Affordable Care Act want the federal courts to smother the new health care law in its crib. They've argued that Democrats failed to erect the proper safeguards to protect the legislation from being stricken down entirely by the courts. And when a Virginia district court judge rules in the coming days on the Constitutionality of the law's insurance mandate, he'll also have to decide whether none, some, or all of the law must go with it.
The obscure term of art here is "severability".
Quite often, legislators include what's known as a "severability clause" in their bills. These are meant to protect the bulk of a law in the event that a small portion of it is determined to be unconstitutional. That small portion must go, or be changed, but pretty much everything else is allowed to stand.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Affordable Care Act, Barack Obama, Bob McDonnell, Constitution, Health Care, Health Care Implementation, Health care lawsuits, John Roberts, Ken Cuccinelli, Supreme Court, Tea Party
DE-SEN
Christine O'Donnell's Confused Debate Night: Candidate Asks For Hint On Recent SCOTUS Cases
DE-SEN candidate Christine O'Donnell (R) in a debate with Chris Coons (D)
Delaware Senate nominee Christine O'Donnell may have mastered her debate talking points and had a "Saturday Night Live" laughline, but had a tough time this evening with some basic questions about issues she'd face if she is elected to the Senate.
The most striking example of that in her CNN-televised debate against Democratic nominee Chris Coons came at the end of the 90-minute forum when O'Donnell could not name a recent Supreme Court case.
The debate moderator Nancy Karibjanian of Delaware First Media asked O'Donnell to talk about a recent high court opinion she disagreed with. The Republican, who defeated Rep. Mike Castle in a primary last month, paused.
"Oh gosh. Give me a specific one," O'Donnell said after a deer-in-the-headlights moment which you can watch below. Karibjanian said, no, because that was the point: she needed O'Donnell to name one.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: 2010 elections, Afghanistan, Bush Tax Cuts, CNN, Campaign Finance, Chris Coons, Christine O'Donnell, Citizens United, DE-SEN, Evolution, Senate '10, Supreme Court
Roundup
TPMDC Morning Roundup
Report: Obama Likely To Scale Back Legislative Plans
The Wall Street Journal reports: "President Barack Obama, facing at best narrower Democratic majorities in Congress next year, is likely to break up his remaining legislative priorities into smaller bites in hope of securing at least some piecemeal proposals on energy, climate change, immigration and terrorism policy, White House officials say...They are talking about a new, more incremental approach, championed by former Chief of Staff Rahm Emanuel, to fulfilling campaign promises on energy, immigration and on closing the military prison at Guantanamo Bay."
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 10 a.m. ET, and meet at 11:30 a.m. ET with senior advisers. He will meet at 2 p.m. ET with the President's Economic Recovery Advisory Board (PERAB).
Topics: 2010 elections, Barack Obama, Elena Kagan, Health Care, House '10, Lame duck sesion, Roundup, Supreme Court
Supreme Court
Leahy Floats Idea Of Bringing Former Justices Back To SCOTUS Bench
Former Supreme Court Justice Sandra Day O'Connor, and current Justices Antonin Scalia and Stephen Breyer.
Sen. Patrick Leahy has been floating the idea of bringing former Supreme Court justices back to the bench to help decide cases where current justices might have conflicts of interest.
It's an intriguing concept in the very early idea stages, according Leahy's aides on the Senate Judiciary Committee. Leahy (D-VT) raised the idea of legislation allowing for the SCOTUS switcharoo first in the National Journal and again in more detail to the Washington Post.
Of course, the former justices in question would be more likely to side with the court's liberals.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, John Paul Stevens, Patrick Leahy, Senate Judiciary Committee, Supreme Court, U.S. Supreme Court
Federal Reserve
The Can't-Do Agenda: Six Initiatives The Senate Scrapped Ahead Of Their Recess
Senator Harry Reid (D-NV), Senator Dick Durbin (D-IL)
In the rush to close up shop for August recess, the Senate had one of its most productive days in recent memory Thursday. In a matter of hours, they passed a state aid bill, confirmed Elena Kagan to the Supreme Court, confirmed dozens of other Obama nominees, including James Clapper as Director of National Intelligence, passed a border security bill, child nutrition legislation, and more.
Underneath all that, though, is a growing pile of initiatives that the Senate failed to take up. Here are the top items on the agenda the Senate didn't check off before adjourning.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Don't Ask, Don't Tell, Elena Kagan, Energy, Federal Reserve, Gulf Coast Oil Spill, Harry Reid, Oil, Oil Spill, Peter Diamond, Pigford, Senate, Stimulus, Supreme Court, Taxes
Roundup
TPMDC Saturday Roundup
Obama: Medicare 'Getting Better All The Time' Because Of Health Care Reform
In this weekend's YouTube address, President Obama touted a government report showing an increase in the financial solvency of Medicare, due to the recent health care reform law -- a clear effort to sell the law to older voters.
"According to this report, the steps we took this year to reform the health care system have put Medicare on a sounder financial footing. Reform has actually added at least a dozen years to the solvency of Medicare - the single longest extension in history - while helping to preserve Medicare for generations to come," said Obama. "We've made Medicare more solvent by going after waste, fraud, and abuse - not by changing seniors' guaranteed benefits. In fact, seniors are starting to see that because of health reform, their benefits are getting better all the time."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: 2010 elections, 2012 elections, Barack Obama, Charlie Rangel, Christina Romer, Elena Kagan, George W. Bush, Pres '12, RNC, Roundup, Supreme Court, Supreme Court vacancy
Supreme Court
Elena Kagan: I Might Not Agree With Government Every Time (VIDEO)
President Barack Obama and newest Supreme Court justice Elena Kagan
Elena Kagan said today in a reception honoring her confirmation to the nation's highest court that she's going to be free to choose the right side of the issues -- even if it means going against her former Solicitor General's office colleagues.
Kagan, scheduled to be sworn in as a Supreme Court associate justice Saturday morning, was confirmed Thursday by the Senate. Today at the White House with President Obama at her side, Kagan said she enjoyed meeting "with 83 senators -- but really who's counting?" The crowd laughed.
Topics: Barack Obama, Elena Kagan, Solicitor General, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Senate Confirms Kagan: Obama's Second SCOTUS Pick Approved
Elena Kagan
Elena Kagan was confirmed as the newest Supreme Court justice today, with senators voting 63-37 to approve President Obama's second nominee to the high court. Her confirmation will put three women on the bench for the first time ever -- a statistic that Senate Majority Leader Harry Reid hailed as "real progress" on the Senate floor before his colleagues took the rare step of casting their votes from their desks.
The Democrats were nearly united in support, with only Sen. Ben Nelson (D-NE) voting "No." There were 5 Republicans who voted "Yes," breaking with the majority of their party.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Topics: 2010 elections, Elena Kagan, Judicial nominees, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Scott Brown To Oppose Elena Kagan
Senator Scott Brown (R-MA)
Sen. Scott Brown (R-MA) will vote against Elena Kagan's confirmation to the U.S. Supreme Court this afternoon, the freshman announced in a statement. Brown said he does not believe Kagan has enough experience since she hasn't served on the bench.
Brown said Kagan lacks "both" practical courtroom experience and having served on the bench, which he said was his main concern.
Brown has been a sometimes-vote for the Democrats, and as recently as yesterday aides said they believed he would be backing Obama's nominee. As we've written, Brown has crossed party lines several times.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, MA-SEN, Scott Brown, Supreme Court, Supreme Court vacancy
Supreme Court
Nelson: Kagan Less Popular In Nebraska Than Sotomayor
Sen. Ben Nelson (D-NE)
After having supported the nomination of Supreme Court Justice Sonia Sotomayor, Sen. Ben Nelson (D-NE) has decided not to support President Obama's second SCOTUS pick, Solicitor General Elena Kagan. Last night, in response to questions from TPMDC, he explained his differing decisions.
"[She's] just not been able to give people comfort," Nelson said. "The calls have been running -- there's a constituency not to vote for her. There's not a strong constituency to vote for her."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Ben Nelson, Elena Kagan, Sonia Sotomayor, Supreme Court
Roundup
TPMDC Morning Roundup
Obama: 'Our Commitment In Iraq Is Changing'
President Obama will speak today at the Disabled Veterans of America Conference in Atlanta, Georgia, where he will outline a change of America's mission in Iraq. "Make no mistake: Our commitment in Iraq is changing, from a military effort led by our troops to a civilian effort led by our diplomats," Obama will say, according to pre-released excerpts.
Obama's Day Ahead
President Obama will depart from the White House at 9 a.m. ET, and depart form Andrews Air Force Base at 9:15 a.m. ET, arriving at 10:45 a.m. ET in Atlanta, Georgia. He will deliver remarks at 11:30 a.m. ET, at the Disabled Veterans of America Conference. He will deliver remarks at 1:25 p.m. ET, at a Democratic National Committee fundraising event. He will depart from Atlanta at 2:30 p.m. ET, arriving back at Andrews Air Force Base at 3:55 p.m. ET, and at the White House at 4:10 p.m. ET. He will meet at 4:15 p.m. ET with senior advisers.
Topics: 2010 elections, Barack Obama, Elena Kagan, Fox News, Fundraising, Iraq, NRA, Roundup, Supreme Court, Supreme Court vacancy, Tea Party, Tea Party Caucus
IL-SEN
Mark Kirk: I Support Elena Kagan's Nomination For SCOTUS
Rep. Mark Kirk (R-IL)
Rep. Mark Kirk (R-IL), the GOP's nominee for the Illinois Senate seat formerly held by President Obama, has now stated his support for the Supreme Court nomination of Elena Kagan, and that he would vote to confirm her if he were in the Senate right now. The move is seemingly a part of Kirk's effort to appeal to voters in the center, having worked hard to present himself as a moderate and independent-minded Republican.
"With regard to Solicitor General Kagan, I would support her nomination. Ms. Kagan appears to be modest and thoughtful not because she expected this nomination but because she is modest and thoughtful," Kirk said in a statement. "Under the Constitution, only the President can make this nomination and Solicitor General Kagan is one of the more careful nominees he could have picked."
The TPM Poll Average gives Kirk a narrow lead of 41.3%-38.9% over Democratic state Treasurer Alexi Giannoulias. Both candidates have suffered from bad publicity. In Giannoulias's case, it's the failure of his family's bank, and for Kirk it's his history of having made false statements about his military service.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: 2010 elections, Elena Kagan, IL-SEN, Mark Kirk, Senate '10, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Judiciary Committee Approves Elena Kagan's Supreme Court Nomination
Supreme Court nominee Elena Kagan
The Senate Judiciary Committee today approved the nomination for Solicitor General Elena Kagan to serve on the Supreme Court, voting 13-6 and teeing up a floor fight over President Obama's second nominee for the high court. Her confirmation would mark the first time in history the court would include three women.
All of the committee's Democrats voted in favor of Kagan's nomination. All but one of the committee's Republicans opposed her. Sen. Lindsey Graham repeated his role from last summer's Sonia Sotomayor confirmation by being the lone Republican to back the nominee. Graham (R-SC), targeted by the tea party as a potential swing vote, said "There's plenty of reasons for a conservative to vote no, but there are plenty of reasons for a conservative to vote yes."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Lindsey Graham To Support Kagan: 'Plenty Of Reasons For A Conservative To Vote Yes'
Supreme Court nominee Elena Kagan and Senator Lindsey Graham (R-SC)
Sen. Lindsey Graham said this morning he will buck the majority of Republican senators to vote for Elena Kagan's nomination to the Supreme Court. Graham (R-SC) announced his intentions before the committee was to approve the nominee and send Kagan's nomination to the full Senate.
"What's in Elena Kagan's heart is that of a good person who adopts a philosophy that I disagree with," Graham said after other Republicans criticized Kagan, the solicitor general, as lacking judicial experience. "There's plenty of reasons for a conservative to vote no, but there are plenty of reasons for a conservative to vote yes."
"She is a loyal American, very patriotic," Graham said after detailing her record on military issues. He said Kagan was "smart" and "funny" and that shows "you are pretty comfortable with who you are." He added, "she's liberal." Graham also said Miguel Estrada's letter in support of Kagan hit him "hard" and factored into his decision. During her confirmation hearings, Graham and Kagan discussed Estrada's legal career and she agreed to write a letter recommending him for the high court. Today, Graham read aloud from Kagan's letter, which called Estrada a "towering intellect."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Lindsey Graham, Supreme Court, Supreme Court vacancy
Roundup
TPMDC Morning Roundup
Dems To Vote On Jobless Benefits With WV's Goodwin Sworn In
Senate Democrats are set to vote on an extension of unemployment benefits today, following the swearing-in of Sen.-designate Carte Goodwin (D-WV). The Associated Press reports: "Democrats have stripped the unemployment insurance measure down to the bare essentials for Tuesday's vote, which is a do-over of a tally taken late last month. With West Virginia Democrat Carte Goodwin poised to claim the seat of the late Robert Byrd, two Republicans will be needed to vault the measure over the filibuster hurdle. Maine GOP moderates Olympia Snowe and Susan Collins are expected to provide the key votes to create a filibuster-breaking tally on a key procedural test."
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 9:45 a.m. ET, and meet at 10:15 a.m. ET with senior advisers. At 11 a.m. ET, he will hold a bilateral meeting with British Prime Minister David Cameron. He will host a working lunch at 12:20 p.m. ET with Prime Minister Cameron and Vice President Biden. Obama and Cameron will hold a joint press conference at 2 p.m. ET.
Topics: 2010 elections, Arizona, Barack Obama, David Cameron, Elena Kagan, Immigration, Joe Biden, Michele Bachmann, Roundup, Supreme Court, Supreme Court vacancy, Tea Party, Tea Party Caucus
Health care lawsuits
Sessions Challenges Kagan Over Health Care Reform Suits (VIDEO)
The Supreme Court building, Supreme Court nominee Elena Kagan, the Caduceus, and Senator Jeff Sessions (R-AL)
We saw this one coming, but Sen. Jeff Sessions finally has given the most explicit description yet of why he thinks Supreme Court nominee Elena Kagan has a problem when it comes to health care reform.
Sessions (R-AL), the ranking member on the Senate Judiciary Committee (which is tasked with Kagan's nomination next Tuesday), is now suggesting that Kagan can't sit on the bench and decide on state challenges to health care reform because as solicitor general, she must have spoken with the Obama administration about the lawsuits.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Health care lawsuits, Jeff Sessions, Judicial nominees, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Tea Party Targets Lindsey Graham Over Kagan
Supreme Court nominee Elena Kagan and Senator Lindsey Graham (R-SC)
Tea party activists are claiming victory over the one-week delay until Solicitor General Elena Kagan receives a vote in the Senate Judiciary Committee, and one group is going after Sen. Lindsey Graham (R-SC) as the most likely GOP "Yes" vote to confirm Kagan to the Supreme Court.
"This gives us more time and we must not fail. We must keep calling Senators and tell them to stop Kagan," Tea Party Nation wrote supporters in an email obtained by TPM Organizers misspelled Graham's name, then said he's "the most likely" to support Kagan's nomination.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Judicial nominees, Lindsey Graham, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy, Tea Party, Tea Party Express, Tea Party Nation
Supreme Court vacancy
Kagan: I'm Not A Socialist And Can't Remember All The Dumb Memos I Wrote
Supreme Court nominee Elena Kagan and Senator Tom Coburn (R-OK)
The Senate Judiciary Committee today agreed to delay the vote to approve Solicitor General Elena Kagan's nomination to the Supreme Court for another week. Republicans argued -- as expected -- they needed more time to review the answers Kagan submitted to their questions for the record after her hearings earlier this month.
TPM read through the dozens of questions and answers so you don't have to. While most of the answers were a little, well, dry, we've collected the Top 5 most noteworthy below.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Jeff Sessions, Jon Kyl, Judicial nominees, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy, Tom Coburn
Supreme Court vacancy
Guess Who's Opposing Kagan? Endangered Republican Incumbents
(Clockwise, from top left) Senators Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Lisa Murkowski (R-AK) and Mitch McConnell (R-KY).
Can you guess why eight Republican senators -- including one who backed her for solicitor general -- are opposing Elena Kagan's nomination to the Supreme Court? In the year of the tea party, it's perhaps not so hard to figure out. Most of them are facing, have faced or might eventually face voters who think that they aren't conservative enough.
Sens. Jim DeMint (R-SC) and James Inhofe (R-OK), both of whom announced their opposition already, were probably always going to vote against Kagan anyway. But the other senators who have made their disapproval public have, at times, been considered of a more moderate persuasion. Sens. Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Mitch McConnell (R-KY) and Lisa Murkowski (R-AK) have something in common besides their already announced "No" votes on Kagan -- political targets on their back.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Sonia Sotomayor, Supreme Court, Supreme Court vacancy
Elena Kagan
Hatch Will Vote Against Kagan Nomination
Sen. Orrin Hatch (R-UT)
Sen. Orrin Hatch (R-UT) will vote against Elena Kagan's nomination to the Supreme Court, according to a statement he released today.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, Orrin Hatch, Senate Judiciary Committee, Supreme Court
Supreme Court vacancy
Grilling Ms. Kagan -- The 7 Toughest Questioners At SCOTUS Hearings (VIDEO)
(Clockwise from top left) Senators Arlen Specter (D-PA), Tom Coburn (R-OK), Russ Feingold (D-WI) and Lindsey Graham (R-SC) question Supreme Court nominee Elena Kagan (center, inset).
It wasn't quite a supreme grilling, but some of the Judiciary Committee's members were surprisingly tough on Solicitor General Elena Kagan this week. Although at first the Republicans spent their time deriding Thurgood Marshall as a so-called "activist judge," by day three they took up all the hot button social issues they had largely ignored in the first round of questions.
Since Kagan's testimony is complete -- Chairman Pat Leahy told her it was "The last time you'll ever have to be in a public hearing before the Senate Judiciary Committee." -- TPM rounded up the toughest questioners. They might just surprise you, since some Democrats gave Kagan as hard a time as their colleagues across the aisle.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Topics: Arlen Specter, Chuck Grassley, Elena Kagan, Judicial nominees, Lindsey Graham, Russ Feingold, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy, Tom Coburn
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