Unheralded

CLAY JENKINSON: The Future In Context — Why We Don’t Trust Government

Chief Justice John Roberts’ characterization of the leaking of the draft decision on abortion as a “singular and egregious breach” of trust puts a fine point on the tenor of our times. In March, Senate hearings that confirmed Ketanji Brown Jackson to the nation’s highest court in anticipation of shaping such decisions underscored the fact that, whatever the intentions of the …


Unheralded

CLAY JENKINSON: The Future In Context — Why Supreme Court Nominations Sometimes Fail

This is the fourth and final installment in a Governing series in a historical look at the U.S. Supreme Court to coincide with nominee Ketanji Brown Jackson’s confirmation process, which continues this week before the Senate Judiciary Committee. President Biden’s nomination of Judge Ketanji Brown Jackson to fill the seat vacated by the retirement of Associate Justice Stephen Breyer seems likely to win confirmation this spring by the …


CLAY JENKINSON: Future In Context — Amy Coney Barrett Is In An Impossible Position; So Are We

In 1958, President Dwight David Eisenhower is reported to have said, “I made two mistakes and both of them are sitting on the Supreme Court.” The story may be apocryphal, but it continues to be widely quoted because it so perfectly expresses presidential exasperation with the behavior of U.S. Supreme Court appointees once they are confirmed by the U.S. Senate. …

ED MAIXNER: A Path Back To Less Partisan Supreme Court Confirmations?

With President Trump’s election eve choice of Amy Coney Barrett for the U.S. Supreme Court, another partisan fracas has ensued in the U.S. Senate. Regrettably, Trump has succeeded in casting most anything he can as partisan combat, generally with Majority Leader Mitch McConnell riding shotgun. And it’s become clear Trump will get his strictly partisan win with the Barrett confirmation …