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Judge Merrick Garland

March 16, 2016

Justice Antonin Scalia died on February 13, 2016. On March 16, 32 days later, President Barack Obama nominated Judge Merrick Garland to replace him. Judge Garland is the Chief Judge of the United States Circuit Court of Appeals for the District of Columbia Circuit. He has been a judge on the DC Circuit since 1997.

Judge Garland is a highly distinguished jurist. He enjoys bipartisan support and affection, on his Court and in the United States Senate. In particular, Sen. Orrin Hatch (R-Utah) like him very much. Here’s what Senator Hatch said on Friday, March 11: “[He] could easily name Merrick Garland, who is a fine man.” He also said, once, that there was no question about Judge Garland being

Merrick Garland, President Obama, Senator Orrin Hatch

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The Wednesday Curator – 3/2/2016

March 1, 2016

Mark Rubin

The drumbeat started on Saturday, with the posting of Inside the Republican Party’s Desperate Mission to Stop Donald Trump, the New York Times front-pager by Alexander Burns, Maggie Haberman, and Jonathan Martin. It’s a detailed and lengthy story about … well, just read the headline. It begins with Maine Governor and all-around despicable person Paul LePage fretting about the Donald, and ends with the governor endorsing him. Which takes us to Why Can’t the G.O.P. Stop Trump? by Hans Noel for the Times on March 1. Mr. Noel teaches government at Georgetown U. and wrote The Party Decides: Presidential Nominations Before and After Reform. Me thinks a new edition may be in the offing. (Peter Wehner, a fine

Wednesday Curator

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The Wednesday Curator – 2/18/2016

February 17, 2016

Mark Rubin

Garry Wills is a quiet giant among writers. He has written extensively about the Catholic Church and about American politics. Pedigree aside, his piece for the National Review of Books, The Next Justice? It’s Not Up to Us, is exemplary for its scholarly takedown of the hucksters and fraudsters who, within an hour of the reporting that Justice Antonin Scalia had passed, were shamelessly ignoring the plain language of the U.S. Constitution they so revere. Best two sentences:

And Senator Ted Cruz, the presidential candidate, Senate Judiciary Committee member, and self-styled guardian of the Constitution, wrote on Twitter, “We owe it to him, [Scalia] & the Nation, for the Senate to ensure that the next President names his replacement.”

Wednesday Curator

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Moving Day!

February 16, 2016

Mark Rubin

Moving Day! The Scalia post is written, but it needs to leaven just a bit. I’ve never forgotten the adage that “if you don’t something nice to say, be quiet.” It’s a good lesson, generally, and my add-on—for those times when something less than nice is appropriate—is “it’ll keep for a bit.”

So last night—the 8739^th night I resided at my home—called for pizza. I’ve never counted the number of pizzas I’ve made at 5900. (My friend PGR does keep a notebook, with hydration rates, flour mixes, quality ratings, etc. Alas, I’m not that organized.) I’m pretty sure the number is not less than 30 per year, which gets me over 700. Here’s the last one.

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The Curator will

Food

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The Wednesday Curator – 2/10/2016

February 10, 2016

Mark Rubin

Read The Rise of Donald Trump is a Terrifying Moment in American Politics, written by Ezra Klein for Vox. On his FB page Mr. Klein wrote:

This is the harshest thing I have ever written about a major American politician. But I think it’s deserved.

Boy howdy yes, on both counts!

Stay tuned for more, this weekend, about the stay —. Lyle Denniston has the goods in Carbon Pollution Controls Put on Hold. This weekend? Jefferson Wins … and We’re Effed!

So what’s the fuss? An activist group of Supreme Court justices—five, to be exact (Roberts, Scalia, Kennedy, Thomas, and Alito)—stayed a set of regulations which were approved by a U.S. District Court judge and awaiting appellate review

Wednesday Curator

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Senator Ted Cruz, Redux

January 22, 2016

Mark Rubin

On April 24, 2015, I wrote Senator Ted Cruz. I was working a series about Rs running for POTUS. I’m pretty sure what I wrote about “this puerile personification of pestilence”—my words—left me so unclean I walked away from the exercise.

Alas, I’m back with redux, but not ready to leave this miserable momzer alone. Where to start, where to start? Let’s begin with health insurance.

Senator Cruz popped up on Thursday announcing that he is one of those “millions of Americans who’s lost their healthcare because of ObamaCare.” (Details in Bradford Richardson’s piece for The Hill, Cruz says he lost his health insurance because of ObamaCare.) Well, Josh Marshall at Talking Points Memo did a little

Senator Ted Cruz

Law

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Guns and the Second Amendment

November 30, 2015

Mark Rubin

In almost 21 months at this site, I’ve only written two posts that focused on guns and the Second Amendment. One of them, Guns: Embarrassed and Ashamed!, was posted less than three months ago, and its title tells you everything you need to know about my not saying enough about the problem of guns in America.

The Colorado Springs Planned Parenthood shooting prompted this post. Three dead. Several others will survive. The alleged shooter’s motives are not clear, although some evidence suggests a relationship between his views on abortion and the situs.

President Obama said “enough is enough” after the shooting. He and many others have used the same words, too often, with no evident change in the

colorado springs, guns, second amendment

Law, The Rest of Everything

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The U.S. Supreme Court, 2015-16 Term

October 4, 2015

Mark Rubin

First Monday in October is upon us. Tomorrow, the U. S. Supreme Court begins its 2015-16 Term. Here at Mark Rubin Writes we will follow the Court once again, relying heavily on SCOTUSblog.com and many other resources.

Adam Liptak’s Supreme Court Prepares to Take on Politically Charged Cases for the New York Times, today, provides an excellent overview of the coming Term. I noted in particular his three paragraphs about partisanship, relying on Neal Devins, a law professor at William & Mary. Here they are:

‘This coming term will again put into focus that the court is divided along partisan lines and that the 2016 presidential elections will be hugely consequential in shaping constitutional and other law for perhaps

Adam Liptak, Chief Justice John Roberts, Justice Antonin Scalia, Justice Elena Kagan, Linda Greenhouse, U.S. Supreme Court

Law

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Retention Elections at the Supreme Court

September 21, 2015

Mark Rubin

The United States Supreme Court is comprised of nine justices. Presently, their age span is 82 to 55, with four justices—Ginsburg, Scalia, Kennedy, and Breyer—between 77 and 82. On January 20, 2017, those four justices will be 83, 80, 80, and 78, respectively. They will also have been serving for 23, 30, 28, and 22 years, respectively.

My point? The 2016 election may be about only one thing which really matters: the composition of the U.S. Supreme Court.

Many people holler about the Supreme Court. Some people are genuinely concerned about a group of people who come from remarkably similar professional backgrounds. Read Is the Court We Have the Court We Want?, which I wrote in May 2014, for

Justice Louis Brandeis, merit selection, Senator Ted Cruz, U.S. Supreme Court

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It’s a Wrap at the U.S. Supreme Court

June 29, 2015

Mark Rubin

It’s a Wrap at the U.S. Supreme Court – 6/29/2015

It’s a wrap! The U.S. Supreme Court issued its last three opinions for the 2014-15 Term this morning. (Links are to SCOTUSblog pages, which have links to the Court opinions and other material.)

In Glossip v. Gross, No. 14-7955, the lethal injection/cruel and unusual punishment case, a 5-4 majority ruled against death row inmates on a claim about the use of midazolam, a part of the three-drug protocol for lethal injections. The inmates claimed using midazolam—used because states cannot purchase other drugs,. because manufacturers will not sell them for use in the execution process—may cause them to suffer unreasonable harm when the other two drugs are administered. According to

EPA, Independent Redistricting Commission, U.S. Supreme Court

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