SCOTUS Brief 11/18/2016

Politico: Judicial Crisis Network already running ads ahead of Trump SCOTUS pick – CNN: Conservatives confident one of their own will be Scalia’s replacement – AP: Justice Thomas calls conservatives to continue Scalia’s work

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  1.   Burgess Everett writes in Politico that the Judicial Crisis Network is launching a six-figure ad campaign thanking Senator Chuck Grassley for standing up to President Obama’s liberal Supreme Court nominee Merrick Garland.

Judicial Crisis Network already running ads ahead of Trump SCOTUS pick

 

The conservative Judicial Crisis Network is launching an ad buy of more than $175,000 to applaud Senate Judiciary Chairman Chuck Grassley (R-Iowa) for holding the line against President Barack Obama’s Supreme Court nominee Merrick Garland. Grassley never allowed Garland a Senate hearing, and even drew a general election opponent, Patty Judge, who targeted him over his obstruction of the Supreme Court vacancy left by the death of Justice Antonin Scalia. Now JCN, which spent more than $5 million encouraging Republicans and moderate Democrats to block Garland, is running TV and digital ads in Iowa and Washington, D.C., aimed at bolstering Grassley’s resolve ahead of the next fight: Confirming Trump’s nominee… The ad may end up being just the opening salvo in what could be a bruising confirmation fight, and the deep-pocketed JCN could launch further campaigns to aid Trump and Senate Majority Leader Mitch McConnell in confirming Trump’s justices, sources said.”

  1.    CNN’s Ariane de Vogue writes that with Donald Trump winning the presidential election and Republicans holding onto their Senate majority, conservatives at the Federalist Society National Lawyers Convention expect a nominee in the mold of the late Justice Antonin Scalia.

Conservatives confident one of their own will be Scalia’s replacement

“As President-elect Donald Trump considers the current Supreme Court vacancy, Justices Samuel Alito, Clarence Thomas and other legal giants kicked off a conference bringing together judicial conservatives from all over the country. What a difference a few weeks makes. The subject of the conference, sponsored by the conservative Federalist Society, was the jurisprudence of the late Justice Antonin Scalia. But the talk in the hallways was devoted to the unexpected election results and the pending Supreme Court nomination — expected to be a conservative who would continue Scalia’s legacy. Indeed, several of the judges Trump is considering for the Supreme Court were milling about in the hallways, dodging journalists and moderating various panels… Leonard Leo, executive vice president of the Federalist Society, met with Trump in New York on Wednesday. After that meeting, Leo offered few clues to the gathered journalists outside of Trump Tower. ‘I would say that he’s looking for someone who is independent, courageous, smart, very high quality,’ Leo said. He added that he thought Trump would move forward ‘as swiftly as he can to make sure that the court’s full 9-member bench is restored.’”

  1. AP’s Mark Sherman writes that in a speech to the Federalist Society National Lawyers Convention, Justice Clarence Thomas called on conservatives to honor the late Justice Antonin Scalia’s legacy by continuing his work.

Justice Thomas calls conservatives to continue Scalia’s work

Supreme Court Justice Clarence Thomas says conservatives should make the work of the late Justice Antonin Scalia a ‘prologue’ in the effort to limit the power of the courts and other branches of government. The Supreme Court has too often granted rights to people that are not found in the Constitution, Thomas said, citing the decision in 2015 that made same-sex marriage legal across the country. Both Scalia and Thomas dissented from that decision. ‘With such unchecked judicial power, we leave it for the least accountable branch to decide what newly discovered rights should be appended to our Constitution,’ Thomas told 1,700 people at a Thursday night dinner to honor Scalia, who died in February… Now Thomas is more likely to acquire a new conservative ally. Indeed, nine state and federal judges on Trump’s list of possible Supreme Court nominees are taking part in the group’s conference, which runs through Saturday.”