Judicial Crisis Network

JCN's Wendy Long Resurfaces in Run for Senate

Once upon a time, there was a right-wing group called The Judicial Confirmation Network that was created "to ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote." 

Such a mission made sense back during the George W. Bush administration, when the group was founded ... but didn't work so well when Barack Obama was elected and suddenly the organization was fighting to ensure that his nominees didn't get confirmed.

Eventually, the JCN realized that it couldn't keep calling itself the Judicial Confirmation Network if it was actively working to prevent the confirmation of judges, so the name was changed to the Judicial Crisis Network and the group likewise wrote up a new mission statement.

Eventually, the original founders left, with Executive Director Gary Marx signing on with Ralph Reed's Faith and Freedom Coalition and Chief Counsel Wendy Long stepping down in order to "devote her time to her family and other causes."

Among those "other causes" to which Long is dedicating herself is a run for the Republican nomination to challenge Democratic Senator Kirsten Gillibrand in November.

Last month, Long won the endorsement of the Conservative Party of New York State and today secured the endorsement of the anti-abortion zealots over at the Susan B. Anthony List:

The Susan B. Anthony List, the influential pro-life organization, offered an early and enthusiastic endorsement for Republican Senate candidate Wendy Long this morning.

“There could not be a more clear contrast between longtime pro-life leader Wendy Long and EMILY’s List poster child Senator [Kirsten] Gillibrand,” said Marjorie Dannenfelser, the group's president, in a statement ... “From her days as a Hill staffer to her time at Americans United for Life and her work on behalf of Supreme Court Justices who practice judicial restraint, Wendy has constantly been engaged in the fight for adherence to the Constitution and the right to Life laid out in the Declaration of Independence,” Dannenfelser said in the statement. “We look forward to having her back on Capitol Hill and adding to the number of pro-life women in the Senate.”

...

In her statement, Dannenfelser echoed Long's earlier criticism of Gillibrand for accusing Republicans of waging a "war on women."

“Wendy understands that the only ‘war on women’ is the one being waged against women of faith and conscience by the Obama administration and their allies in Congress and the abortion lobby. She has boldly called on Senator Gillibrand to end the assault on Life, conscience, and religious liberty.”

At Ralph Reed Confab, Obama Portrayed as Enemy of Faith and Freedom

Ralph Reed’s Faith and Freedom Coalition gathering in Washington, D.C. this past weekend was essentially a relentless repetition of the GOP’s 2012 attack themes on the Obama administration, mixed with Religious Right leaders’ demands that the Tea Party not abandon social conservatives’ priorities and conservative politicos’ appeals for unity behind whichever candidate emerges from the presidential crowd.  Just about everyone running, or thinking about running, for the presidency on the Republican side was in attendance with the exception of Newt Gingrich.

One of the easiest, and most frequently used, ways to get applause at F&F was to pledge that Obama will be a one-term president.  Among the other major themes:
 
American Exceptionalism
 
Former Senator Rick Santorum, who officially announced his presidential bid this morning, said his campaign theme will be American exceptionalism.  Unfortunately, for Santorum, it seems that every Republican candidate is talking about American exceptionalism – and the claim that President Obama, Democrats, and “liberal elites” don’t believe that the U.S. is the God-ordained greatest nation in the history of the world – so it’s going to be hard to break away from the pack on that score.  Gary Bauer claimed that American elites don’t believe the words of the Declaration of Independence. 
 
‘Obamacare’ = Socialism = The End of Freedom
 
Many speakers cited health care reform as the ultimate example of the Democrats’ commitment to freedom-destroying socialism.  Carrie Severino of the Judicial Crisis Network said it was one example of progressives’ tendency to say “to hell with the Constitution” when it got in the way of their policy goals.  Rep. Allen West even attacked the notion of “shared sacrifice,” which he said was code for “redistribution of wealth,” which is how the right-wing looks at progressive taxation.  Rep. Tom Price, who clearly needs to spend some time studying American history, called the health care reform bill “the furthest reach of oppression that this society has ever seen.”  Others similarly insisted that the implementation of the law would mean the end of liberty in America.  Michele Bachman shouted, “I will not rest until we repeal Obamacare. America will not rest until we repeal Obamacare.”  Virginia Attorney General Ken Cuccinelli said the fight against Obamacare is just one sign that federalism is reemerging.  He argued that Americans need to understand that there is a “liberty pie” that does not grow – and it has only two slices, government power and individual liberty – and one necessarily grows at the expense of the other. 
 
America Needs More Religion (as long as it’s not Islam)
 
The FFC was long on Religious Right rhetoric on religion and politics.  The pastor who gave the opening prayer for the conference gave thanks for “a nation founded for the glory of God and the advancement of the Christian faith.”  The Family Research Council’s Tony Perkins exulted that it was good to be among folks who are “not ashamed to defend the Christian principles on which this nation was founded.”  The Republican National Committee’s Reince Priebus said America’s greatness is “rooted in our faith” and that “faith in our God, and faith in our savior” is “not a convenience, it is the foundation of a good life.” But Islam was clearly deemed a threat, with one participant telling a contentiouspanel on Sharia law that in Minnesota “we practically have a Muslim state.”  
 
Reproductive Rights and Gay Rights = Big Government
 
In the “Social Issues: Why They Still Matter” panel, John Fund of the Wall Street Journal discussed “the psychology of those who are trying to undermine the moral fiber of this country,” arguing that liberals are compelled by a lust for power and therefore need to “control people” and “lower standards of society as a whole.” Fund explained that “if you can lower standards” by permitting legal abortion and gay equality, then liberals can gain control over society, and insisted that “we have to bring back shaming” of women who had abortions because “we need to be judgmental about this issue, we need to call out people for the choices that they made, ‘shaming’ is not a bad word in this society.” On a separate panel, National Organization for Marriage founder Maggie Gallagher said, “When you redefine marriage, you also redefine the relationship between Genesis and the American tradition,” which would jeopardize freedom because “in some cases, the power of government is already being used to marginalize and stigmatize people who disagree with the foundational ideas of same-sex marriage.”
 
Obama as Enemy of Israel
 
Michele Bachman was one of several speakers who misportrayed recent Obama administration comments about Israel, calling them a “shocking display of betraying our greatest friend and ally.” One participant commented that “life, liberty, and Israel” were the elements that make up “the pursuit of happiness.” Jay Sekulow of the American Center for Law and Justice said Obama may soon be referring to Israel as “the Zionist regime” and Richard Land of the Southern Baptist Convention’s Ethics and Religious Liberty Commission implied that Obama may bringing upon the country the curse of God for his policy towards Israel. Peter Roff of U.S. News and World Report lamented that “the American Jewish community is for some reason enamored of Democratic politicians in general and Barack Obama specifically.”
 
Unified Conservative Movement
 
FRC’s Perkins was among many Religious Right speakers who argued for keeping social conservatives’ priorities at the forefront of the movement in the name of conservative movement unity.  Perkins used a strange mixed metaphor, saying it is the “bottom of the ninth for our beloved country” and no time to lapse into an undisciplined orchestra, calling for a “rousing symphony” – drums of national defense, the horns of economic abundance, and the strings that bind a strong family.  Among others who sounded the same theme were Indiana gubernatorial candidate Mike Pence, who said, “we have to recognize that our present crisis is not just economic or political but moral in nature” and touted the importance of the sanctity of life, “traditional marriage,” and the importance of organized religion in our daily life.
 
Haley Barbour, one of the potential presidential candidates who decided not to run, devoted his remarks to lecturing attendees about the need to rally behind whichever candidate was nominated even though the nominee won’t be perfect.  “In politics,” he said, “purity is the enemy of victory.” Tony Blankley warned that the media and Democrats would love to “divide and conquer” the movement.
 
Advocating for social issues at the FFC was clearly preaching to the choir.  But some Tea Party activists were clearly annoyed by the “you’re nothing without us” attitude of Religious Right activists Jordan Sekulow and Matt Barber at a panel on the “Teavangelicals” that was moderated by the Christian Broadcasting Network’s David Brody.

Right-Wing Activists Malign Goodwin Liu Even As Conservative Legal Minds Support His Confirmation

Legal scholar Goodwin Liu, President Obama’s nominee for the Ninth Circuit Court of Appeals, is receiving a second hearing at the Senate Judiciary Committee today. Liu, who is an Associate Dean and Professor of Law at the Berkeley School of Law and a renowned legal scholar, has unsurprisingly found himself to be a top target of right-wing activists.

Ed Whalen of the Nation Review accuses Liu of “trying to fool senators and get himself appointed to the Ninth Circuit, where he would (among countless opportunities for mischief)” overrule California’s Proposition 8. In addition, a coalition of right-wing groups including the Judicial Crisis Network, Family Research Council, Concerned Women for America, Liberty Counsel, American Values, the Center for Military Readiness, the Media Research Center, the Traditional Values Coalition, Americans for Limited Government, and Citizens United have signed on to a memo condemning Liu for representing the “extreme liberal agenda of judicial activism.”

But Richard Painter, the Associate Counsel to the President during the Bush Administration, points out that while many ideological right-wing activists oppose Liu, prominent conservative legal minds like John Yoo, Ken Starr, and Clint Bolick endorse his confirmation and corroborate Liu’s qualifications. “The attacks are rife with extravagant and tendentious readings of Liu’s record,” Painter writes, “and they are based on selective quotations of Liu's writings that even then don’t prove the point”:

Liu's opponents have sought to demonize him as a "radical," "extremist," and worse. National Review Online's Ed Whelan has led the charge with a "one-stop repository" of attacks on Liu. However, for anyone who has actually read Liu's writings or watched his testimony, it's clear that the attacks--filled with polemic, caricature, and hyperbole--reveal very little about this exceptionally qualified, measured, and mainstream nominee.



Far from being radical, Liu's view probably comports with the intent of the framers who bequeathed the Constitution to their descendants with the intent that it be a useful document. Few if any of our ancestors would have intended that we run our businesses, farm our land, educate our children, or live our lives exactly the way they did, even if they did intend that the Constitution give us principles of self-government that would last for generations. Liu's perspective may be more realistic than that of some of his opponents; his view is certainly not radical.



In sum, Liu is eminently qualified. He has support from prominent conservatives. He would fill a judicial emergency vacancy, and he would add important diversity to the bench. He is pragmatic and open-minded, not dogmatic or ideological, as his support for school vouchers shows.

Many, though by no means all, of his scholarly views do not align with conservative ideology or with the policy positions of many elected officials in the Republican Party. (This might not have been the case thirty years ago, but many moderates have since left the Republican Party.) Nevertheless, his views are part of the American legal mainstream. The independence, rigor, and fair-mindedness of his writings support a confident prediction that he will be a dutiful and impartial judge.

Judge Hudson’s Right Wing Ties

Today a federal judge in Virginia, responding to a suit filed by the state’s far-right Attorney General Ken Cuccinelli, ruled that a key part of health care reform was unconstitutional. The judge, Henry E. Hudson, said that the Constitution’s “interstate commerce clause” does not provide the federal government the right to implement a mandate to make sure that everyone has health insurance coverage. A different federal judge in Virginia dismissed a similar suit brought by Liberty University against the reform law only two weeks ago.

Judge Hudson was first appointed by Ronald Reagan in 1986 to be US Attorney for the Eastern District of Virginia, and in 2002, George W. Bush appointed him to serve as district court judge for Virginia’s Eastern District.

According to disclosure forms, Judge Hudson reported collecting “dividends” totaling anywhere from $5,000 to $15,000 from Campaign Solutions over a five year period of 2003 to 2008. Campaign Solutions later acknowledged that Hudson has owned stock in the firm since it was founded.

Campaign Solutions has a long record of working with conservative organizations and Republican candidates, including none other than Ken Cuccinelli. As the Alliance for Justice points out, “Campaign Solutions, has done work for a host of prominent Republican clients and health care reform critics, including the RNC and NRCC (both of which have called, to varying degrees, for health care reform’s repeal).”

Along with Cuccinnelli, who was elected Attorney General in 2009, Campaign Solutions worked for John McCain and Bush’s presidential campaigns, the notorious Swift Boat Veterans for Truth, and the Judicial Confirmation Network (since renamed the Judicial Crisis Network). In fact, Campaign Solutions was behind the establishment of the JCN, which was founded to support George W. Bush’s conservative judicial nominees and coordinate activities right-wing organizations, especially with Religious Right groups, although the JCN has since changed its name and works to oppose the confirmation of Obama’s nominees.

In 2008, The New Republic found that the JCN “publicly consists of two employees, a post box, and a website” and was “originally created in November 2004 by Becki Donatelli, a Republican PR doyenne who chairs Campaign Solutions (the firm used by Bush-Cheney ‘04, McCain 2008, the RNC, the NRCC, and even the 527 Vets For Freedom).”

As reported earlier today, according to legal expert Tim Jost, who has been following the many health care reform decisions being issues, “This decision is very defective and will be reversed by the appellate court or the Supreme Court."

Right Wing Leftovers

  • Carl Paladino apologizes.
  • In response, Rabbi Yehuda Levin withdraws his endorsement.
  • And Terence Jeffrey and Joseph Farah defend Paladino's remarks.
  • The Judicial Confirmation Network - sorry, the Judicial Crisis Network - has released its first ever voter scorecard [PDF].
  • The ALCJ continues its fight against the "Ground Zero Mosque."
  • Pamela Geller and John Stemberger defend themselves in the $10 million Rifqa Bary lawsuits against them by claiming they may have engaged in hyperbole while attacking Bary's parents' attorney never knowingly lied.
  • Finally, the quote of the day from Accuracy In Media: "Considering this track record, James O’Keefe deserved our support in the face of the CNN assault against him."

Right Wing Leftovers

  • The Judicial Crisis Network excitedly announces that Roy Blunt would not vote to confirm Elena Kagan.  That might be relevant if Blunt actually served in the Senate.
  • The NRA has come out in opposition to Kagan.
  • The fact that the wife of a sitting Supreme Court justice is leading an organization dedicated to opposing President Obama doesn't seem inappropriate at all.
  • A Christian radio station has pulled out of a Christian music festival in Oshkosh, WI because Sojourners founder Jim Wallis had been invited to speak.
  • Jane Chastain says that Christians and the laziness are to blame for all of the problems facing America today.
  • You know what really caused the BP oil spill?  Immorality.

Any Group With Just 15% Support Should Not Be Calling Anyone an "Ideologue"

Outside of the incessant Twittering of the Judicial Crisis Network's Carrie Severino, I haven't seen much commentary from the Right on Elena Kagan's hearing today ... and the few things I have seen have tended to be along the line of this ridiculous press release from the American Life League:

"Elena Kagan has revealed herself as the pro-abortion activist she is. The 'health of the mother' exception has long been code for abortion on demand for any reason under the sun - including financial 'health.'

"Kagan's position is clearly opposed by the majority of Americans who self-identify as pro-life. While we are not shocked that an Obama nominee would be anything but rabidly pro-death, we are compelled to demand representation from our elected leaders: this pro-abortion ideologue is not fit to serve on the Supreme Court.

While poll results may show that a bare plurality of Americans consider themselves "pro-life," a whopping 80% believe that the option should be available in certain circumstances ... like for "the health of the mother":

Only 15% believe abortion should be illegal in all circumstances, which is the position held by the American Life League .. and yet ALL claims that it is Kagan who is the extremist ideologue.

Kagan: A Fake John Roberts, A Radical Homosexualist, and a Sign of The End Times

As the questioning in Elena Kagan's confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times.

The Judicial Crisis Network's first day write-up is particularly confusing, as they seem convinced that Kagan is trying to "disguise herself as the next John Roberts" 

The Senate Judiciary Committee just concluded the first day of Elena Kagan's hearings to replace Justice Stevens on the Supreme Court. Our summary of Day 1: She may not be a Constitutionalist, but she sure plays one on TV.

As we expected, Kagan followed in Justice Sotomayor's footsteps and disguised herself as the next John Roberts, and Democratic Senators did their best to help her hide from her record of extreme activism on abortion, 2nd Amendment rights, and the scope of government power. According to Kagan, "what the Supreme Court does is to safeguard the rule of law, through a commitment to even-handedness, principle, and restraint." In the immortal words of The Who, "Don't get fooled again."

Seeing as it was John Roberts who "disguised" himself as a umpire who would just call balls and strikes and then, once confirmed, revealed himself to be a blatant judicial activist, that is a pretty ironic criticism for JCN to level.

But at least the JCN's complaints are at least coherent, unlike those of Gordon Klingenschmitt:

Chaplain Klingenschmitt has contracted with a team of investigative journalists including Brian Camenker, Amy Contrada and Peter LaBarbera to investigate and report breaking news about Supreme Court nominee Elena Kagan.

While serving as Dean of Harvard Law School, Kagan's administration demanded and forced Blue-Cross, Blue-Shield to cover sex-change operations as an "equal right" paid benefit, harming gender-confused students, as confirmed in 2006 and 2008 by Harvard Crimson newspaper articles.

Kagan also offered sympathetic ear to lesbian group Lambda's Transgender Task Force demand to force all women to share public bathrooms and locker-rooms with cross-dressing men, which is now part of Harvard's dormitory policy, according to the report.

"This is further proof Elena Kagan cannot be trusted to impartially rule on Obamacare or bathroom bills like ENDA, since she believes sin is a Constitutional right," said Chaplain Klingenschmitt, "but rights come from God, who never grants the right to sin."

Because if anything is going to clarify these confirmation hearings, is a report written by a bunch of militantly anti-gay activists like Klingenschmitt, Camenker, and LaBarbera ... and now that is exactly what we have:

Supreme Court nominee Elena Kagan is committed to the radical campaign pushing acceptance of homosexuality and transgenderism as “civil rights." Her unprecedented activism supporting that view as Dean of Harvard Law School (2003-2009) calls into question her ability to judge fairly and impartially on same-sex “marriage” and other homosexuality- or transgender-related issues that may come before the nation’s highest court.

Kagan’s record while Dean of Harvard Law School (HLS) demonstrates her agreement with the goals of the radical GLBT (gay lesbian bisexual transgender) movement and her solidarity with those activists. Working hand in hand with students to expel military recruiters in protest over the Armed Forces’ ban on homosexuals (a “moral injustice of the first order,” she wrote) is only the most obvious example of Kagan’s passionate dedication to this controversial and immoral agenda.

Kagan’s celebration and active promotion of the radical homosexualist and transgender worldview has profound implications. As a Supreme Court Justice, she could be expected to overturn traditional law and understandings of family, marriage, military order, and even our God-given sex (what transgender radicals call “gender identity or expression”). She is a most dangerous nominee who must be opposed by all who care about religious freedom, the preservation of marriage and traditional values.

There should be grave concern over Kagan’s issues advocacy concerning “sexual orientation.” Even before her nomination to the Court, her enthusiastic and committed pro-homosexuality activism at Harvard (including her recruitment to the faculty of radical “gay” activist scholars like former ACLU lawyer William Rubenstein and elevation of radical out lesbian Professor Janet Halley) was highly significant for the nation. Now, it is imperative that Senators and the U.S. public gain an accurate understanding of the radical, pro-homosexual environment that was Kagan’s home at Harvard – and the GLBT legal agenda that Kagan herself helped foster as Dean.

But that is actually quite reasonable compared to this statement from Tim LaHaye and Craig Parshall claiming that Kagan "presents a danger as old as the book of Genesis" and that her confirmation could be a sign of the End Times:

First, if she becomes a Supreme Court justice, she could be the all-important fifth vote in favor of interpreting our Constitution, not according to the vision of our Founding Fathers, but from an international law standpoint, a concept that would have seemed treasonous to our Founders. Three justices on the Court have already relied on foreign law in their opinions: Justices Kennedy, Breyer and Ginsburg. Recently-installed justice Sotomayor has praised Ruth Bader Ginsberg's penchant for international law, so we can assume she will be a legal globalist as well. Five justices create a majority and with Kagan on board they could begin radically steering us away from view of the Constitution that honors our Judeo-Christian heritage and founding.

Second, if this happens, it will usher America into a new age of global law. With Elena Kagan on the Supreme Court, international legal standards could well be imposed on Americans by the High Court's legal globalists, even without the Senate approving a specific international treaty. In our new novel, Edge of Apocalypse, we show how this trend might create a modern-day legal nightmare for conscientious Christians. We need only to turn to Genesis chapter 11 to see how God opposed the ancient attempt at global unification: the Lord declared the tragic result that would follow if a centralized group of fallen men were to consolidate an unlimited, unrestrained power over the planet.

Keep your eyes on the Supreme Court's view of global law. It could be one of the most telling 'signs of the times.'

Levey Heads To AFA Radio As Fischer Delivers Anti-Gay Sermon

In my last post, I noted that it was rather odd that a group like the Judicial Crisis Network would team up with a rabidly anti-gay Religious Right group like the Traditional Values Coalition ... but apparently right-wing judicial groups are not particularly choosy about the sorts of groups with whom align themselves, which explains why Curt Levey of the Committee for Justice was a guest on Bryan Fischer's radio program last Friday:

As it turned out, the discussion was not all the interesting, as Levey rattled off the standard right-wing anti-Kagan talking points while calling Justice Thurgood Marshall the biggest judicial activist in American history.

So instead of recording that rather boring exchange, I recorded this rambling anti-gay rant from Fischer instead in which he tries to explain that because gays can't have children, they have more free time to engage in political activism and press their agenda ... of course, he also argues that gays, and single people, shouldn't be allowed to adopt children either, and that gays should just keep sexuality in the bedroom and stop "sticking it in our faces": 

You think about the typical conservative, probably you, and most of the people listening to me right now, and me in this camp, the conventional conservative. We care about God, we care about the faith community, we're committed to our families - what we're involved in is were involved in nurturing our marriages, we're involved in helping our kids with their homework, we're involved in coaching our kids in soccer and Little League, we're involved in parent-teacher meetings, we're involved in going to school concerts and tracking them around watching them play their games, going to their recitals and all that. And then we're involved in going to choir practice, or our cell group, or our Bible study, and to church on Sunday, and to taking care of our homes and our laws. That's what occupies our time and attention.

But Andy's point was, look, you've got homosexuals who, by nature, cannot reproduce; it's impossible for them to reproduce, which is one of the reasons why we shouldn't have same sex marriage. Marriage really ultimately is about the right place for sexual expression to take place where procreation of children can take place, where children can conceived, they can be born, and they can be raised. That is what marriage is about. It's about a legitimate moral place for sexual expression to occur that occurs in conjunction with the procreative act that brings children into the world so they can be raised. Marriage ought to be reserved for those kinds of relationships, where they is a natural kind of sexual interaction, sexual capacity.

But homosexuals cannot reproduce, so the great majority of them don't have children. They are allowed to adopt in some places, which I think ought to be contrary to public policy. We should not have same-sex couples adopting children - you're deliberately placing kids in a home with a missing parent. This is a terrible thing to do to a child. It's a travesty to do to a child. If that child's up for adoption, they've already undergone, they've already experienced some kind of trauma already, which is the reason they're in a position where they need to be adopted into a home. The last thing in the world that you want to do is inflict an additional trauma on these children by deliberately choosing to put them in a home with a missing parent. I think our public policy should not be to adopt children into single parent households; that's a mistake, that's a tragedy, that's a disservice to those children. So they shouldn't go into single-parent homes as adoptive children and they shouldn't go into same sex homes.

But the point is, and I keep getting myself off track here, the point is that we know from studies that have been done that homosexuals have a higher per capita income than the rest of the population; they have time on their hands because they do not have children to tuck into bed at night, they do not have children to feed in the morning, they do not have children to take to school, they do not have children to take to soccer and Little League practice - so that time is available to them to put into political activism. And he's exactly right - they've just go time on their hands and that's where they put it; they put it into pressing their political agenda.

Homosexuals are the ones who are bringing their behavior out of the bedroom. You know, they always say "why do conservatives want to invade people's bedrooms?" The answer is "we don't." You can do whatever you want in your bedroom, nobody is going to barge in, nobody is going to break down your door and arrest you in your bedroom. You're the ones who are bringing it out of the bedroom and into the streets, You're sticking it in our faces, you're telling us we have to accept this, we have to normalize this, we have to sanction this, we have to promote it, we have to endorse it. If you would take your sexual behavior back in the bedroom, nobody would be bothering you.

As I said before, you really have to marvel at the groups with whom these right-wing judicial organizations like CJF and JCN are willing to associate themselves.

Better Luck Next Time, Anti-Kagan Activists

Earlier today, Traditional Values Coalition, Concerned Women for America, the Judicial Crisis Network, and Students for Life of America held a joint press conference to announce their opposition to Elena Kagan's confirmation to the Supreme Court.

The only problem was, as the CQ-Roll Call blog Congress.org explained, that the groups held their conference outside the Supreme Court, where reporters were awaiting today's rulings, rather than where the reporters covering it were actually stationed:

Activists against Elena Kagan gathered on Capitol Hill Monday but outside the wrong building.

An hour before the Supreme Court nominee faced questions from senators, the leaders of four conservative groups stood outside the high court in protest.

"We're calling on the senate today," Andrea Lafferty of the Traditional Values Coalition began. "They are going to be accountable for the questions they ask or don't ask."

One problem: The backdrop Lafferty and the others chose was the court, not the Capitol. The court reporters who were around focused on a competing press conference about the morning's court rulings .

Most of the cameras focused on Lafferty's group were those of tourists -- not the press.

"Why are they protesting here?" one passerby asked a friend. "She's not on the court yet. She doesn't work here."

Had the reps from the Judicial Crisis Network, Students for Life, and Concerned Women for America stood outside the Hart Building, they would have had better luck getting attention from reporters actually covering Kagan.

I guess I should also point out that TVC is considered an anti-gay hate group by the Southern Poverty Law Center, so you have to question the judgment of CWA and JCN for partnering with them for this event.

FRC Planning $100,000+ Anti-Kagan Ad Campaign

I haven't really been writing much about the right-wing campaign against Elena Kagan ... mainly because the campaign against her has been so utterly predictable and ineffective.

Conservative groups continue to attack her even though, as Ed Whelan says, "Kagan is a safe bet to be confirmed, but it’s still important that conservatives use the opportunity to educate the public about the proper role of the court."

And so to that end, right-wing groups are planning on raising (and spending) hundreds of thousands of dollars on opposing Kagan's nomination

“We MUST raise $360,000 by June 30 in order to continue the momentum of our life-saving work!’’ [American's United for Life] president, Charmaine Yoest, wrote to her followers. Activist groups of all persuasions are using similar appeals.

...

[The Family Research Council's Tom] McClusky said his group expects to invest $100,000 to $150,000 in a Web and print campaign that highlights Kagan’s opposition to the don’t-ask, don’t-tell policy that forbids openly gay armed service members.

...

Other groups are also busy with anti-Kagan videos. Curt Levey, director of the conservative Committee for Justice, said his group is producing anti-Kagan TV ads, likely to air shortly before the final confirmation vote.

“How much we can air them, of course, depends on how much money we can raise,’’ Levey said. His group spent about $15,000 last year opposing Supreme Court nominee Sonia Sotomayor. Fund-raising currently is ahead of last year’s pace, he said.

Levey hopes to target the ads at Democratic senators in conservative states, such as Ben Nelson of Nebraska and Jon Tester of Montana. In states without expensive media markets, a small investment can have a large impact, he said.

Pressure on Democrats in conservative states will be strong, predicted Gary Marx, director of the conservative Judicial Crisis Network, which is spreading its research into Kagan’s record through new social media and by traditional radio interviews and phone banks.

Right Wing Leftovers

Right Wing Leftovers

  • Marco Rubio is reportedly set to pick up the endorsements of Frank Pavone and David Barton.
  • Pat Buchanan is now a fan of diversity ... by which he means the Supreme Court has too many Jews.
  • Elena Kagan might be getting support for lots of conservative legal experts, but the Judicial Crisis Network remains unimpressed.
  • Randy Thomasson says Harvey Milk Day is a "moral crime" and that "teachers, principals, and schools that push Harvey Milk's values are responsible for the degradation of children as human beings."
  • Neither Focus on the Family nor the Family Research Council are willing to comment on the evangelical push for immigration reform.
  • Quote of the day from Maggie Gallagher: "My own complaint about the religious right is not that it is too much in politics, but that it is not enough. In too many cases, religious conservatives talk like they are in politics, make demands like they are in politics, issue threats like they are in politics -- but they do not create the institutions that are at the heart of politics: organizations that raise money and spend it electing politicians who will vote for their cause."
  • Finally, Sir Reginald Bling (aka Randall Terry) has something to say:

JCN Up With First Anti-Kagan Ad

Founded as the Judicial Confirmation Network to press for confirmation of all of President Bush's judicial nominee, the group recently underwent a name change which reflects the fact that the confirmation of judges is no longer their mission, thus re-naming themselves the Judicial Crisis Network.

And the Judicial Crisis Network is now hard at work leading the opposition to the nomination of Elena Kagan, demanding that "the Obama administration, The Clinton Presidential Library and the national archives to expedite the process of releasing all of Elena Kagan's documents from her service in the Clinton administration" and launching a viral ad campaign against her:

The Judicial Crisis Network today launched a viral campaign to educate and mobilize conservative activists on the questionable record of President Obama’s Supreme Court nominee, Elena Kagan.

While Kagan was Dean of the Harvard Law School, the sole issue upon on which she took a public stand was the "don't ask, don't tell" policy. Dean Kagan banned the military from recruiting for the JAG Corps on Harvard's campus during a time of war. When Dean Kagan’s legal argument for keeping the military off campus was presented to the Supreme Court, it was unanimously rejected.

“The debate over Kagan will focus on her status as an Obama insider who was picked to ‘rubber-stamp’ the president's domestic policy agenda, especially if legislation pertaining to healthcare and financial regulatory reform are challenged in court,” stated Carrie Severino, chief counsel and policy director to the Judicial Crisis Network.

JCN is distributing a video to its 1 million e-activists involved in SCOTUS and Court issues. Web ads will run in Virginia, Nebraska, Arkansas, Louisiana, North Dakota, South Dakota, Alaska, and Montana.

Script of the video:

Elena Kagan, who, as the Dean of Harvard Law School, kicked the military off campus - incredibly - during a time of war.

When Dean Kagan’s legal argument attempting to keep the military off campus was presented to the very court President Obama would appoint her to, the Supreme Court unanimously rejected Kagan’s argument.

America deserves better.

This is a slightly edited version of the ad the group ran last year:

The Least Informative Elena Kagan Discussion Ever

When I saw that Ed Whelan of the Ethics and Public Policy Center and Carrie Severino of the Judicial Crisis Network had spent nearly an hour discussing Elena Kagan's nomination to the Supreme Court with Terry Jeffrey, editor in chief of CNSNews.com, I certainly wasn't expecting it to be exciting.

But I didn't expect it to be downright painful ... but that is exactly what it was, as Jeffrey tried to use the Citizen's United decision, which he held up as a fundamental victory for the First Amendment, to make the case that Kagan should have resigned her position as Solicitor General rather than try to strip Americans of their basic rights.

To their credit, both Whelan and Severino repeatedly shot down Jeffrey's claims ... but it didn't matter, as every explanation they offered just seemed to further convince Jeffrey that government lawyers and Supreme Court justices and basically all lawyers are morally unfit to hold public office on the grounds that they are willing to argue positions with which they might not agree.

All of this eventually leads Jeffrey to start asking random hypothetical questions about whether an anti-choice Solicitor General who worked for a pro-choice administration would be morally fit to hold the office ... as if that is relevant to anything at all. 

So if you want to see the single least informative discussion of Elena Kagan's Supreme Court nomination, jump ahead to the 5:00 mark of this video and watch as Whelan and Severino struggle to deal with Jeffrey's never-ending stream of nonsense:

Right Wing Responses to Kagan for SCOTUS

A collection of early responses from the Right to the news that President Obama intends to nominate Elena Kagan to a seat on the Supreme Court (I will continue to update this post throughout the day as more statements are released).

Catholic Families for America:

Today Catholic Families for America, one of the largest groups of lay Catholics in the country, announced its opposition to the nomination of Solicitor General Elena Kagan to the U.S. Supreme Court, citing "grave concerns" about her promotion of same-sex "marriage" and abortion, as well as a "dangerous internationalism" that has become fashionable among leftist jurists.

To galvanize citizens' concerns, particularly those of Catholic voters, CFA has initiated a nationwide petition that it will forward to the Senate Judiciary Committee. The petition can be signed.

"By nominating Miss Kagan to the Supreme Court, the president continues to demonstrate a brass-knuckles, Chicago-mobster mentality toward unifying our nation," said Dr. Kevin Roberts, executive director of CFA. "Naming someone who has been so actively hostile to traditional marriage and to the unborn lays bare the president's pro-abortion, anti-family agenda, in spite of what he says to the contrary."

Americans United for Life

Elena Kagan has strong ties to abortion-advocacy organizations and expressed admiration for activist judges who have worked to advance social policy rather than to impartially interpret the law. Americans United for Life will oppose President Obama's attempt to reshape the Court as an activist, pro-abortion institution through which unelected judges will work to impose an out-of-the-mainstream social agenda upon the American people."

Ed Whelan:

2. Kagan may well have less experience relevant to the work of being a justice than any justice in the last five decades or more. In addition to zero judicial experience, she has only a few years of real-world legal experience. Further, notwithstanding all her years in academia, she has only a scant record of legal scholarship. Kagan flunks her own “threshold” test of the minimal qualifications needed for a Supreme Court nominee.

3. There is a striking mismatch between the White House’s populist rhetoric about seeking a justice with a “keen understanding of how the law affects the daily lives of the American people” and the reality of the Kagan pick. Kagan is the consummate Obama insider, and her meteoric rise over the last 15 years—from obscure academic and Clinton White House staffer to Harvard law school dean to Supreme Court nominee—would seem to reflect what writer Christopher Caldwell describes as the “intermarriage of financial and executive branch elites [that] could only have happened in the Clinton years” and that has fostered the dominant financial-political oligarchy in America. In this regard, Kagan’s paid role as a Goldman Sachs adviser is the perfect marker of her status in the oligarchy—and of her unfathomable remoteness from ordinary Americans.

4. Kagan’s record thus manages to replicate the primary supposed defect of the judicial monastery—isolation from the real-world lives of ordinary Americans—without conferring the broader benefits of judicial experience.

Bill Kristol:

For me, the key obstacle to Elena Kagan's confirmation is ... [h]er hostility to the U.S. military.

Hostility? Isn't that harsh? Kagan has professed at times her admiration for those who serve in the military, even as she tried to bar military recruiters from Harvard Law School. But how does one square her professed admiration with her actions--embracing an attempt to overturn the Solomon Amendment that was rejected 8-0 by the Supreme Court--and her words?

Priests for Life:

"Supreme Court Justices are not supposed to shape public policy, and their nomination and confirmation should be based on their qualifications, not their views on specific issues.

"But there are certain issues so central to the very nature and purpose of government that one's position on those issues is tantamount to a qualification for the job. The very purpose of government is the protection of human rights, starting with life. No court can legitimize an act of violence, such as abortion, or take away human rights. Anyone who fails to affirm that does not belong in any public office, much less the US Supreme Court."

Ed Meese:

First and foremost, any nominee to a lifetime appointment to the United States Supreme Court must demonstrate a thorough fidelity to apply the Constitution as it was written, rather than as they would like to re-write it. Given Solicitor General Kagan’s complete lack of judicial experience, and, for that matter, very limited litigation experience, Senators must not be rushed in their deliberative process. Because they have no prior judicial opinions to look to, Senators must conduct a more searching inquiry to determine if Kagan will decide cases based upon what is required by the Constitution as it is actually written, or whether she will rule based upon her own policy preferences.

Though Ms. Kagan has not written extensively on the role of a judge, the little she has written is troubling. In a law review article, she expressed agreement with the idea that the Court primarily exists to look out for the “despised and disadvantaged.” The problem with this view—which sounds remarkably similar to President Obama’s frequent appeals to judges ruling on grounds other than law—is that it allows judges to favor whichever particular client they view as “despised and disadvantaged.” The judiciary is not to favor any one particular group, but to secure justice equally for all through impartial application of the Constitution and laws. Senators should vigorously question Ms. Kagan about such statements to determine whether she is truly committed to the rule of law. Nothing less should be expected from anyone appointed to a life-tenured position as one of the final arbiters of justice in our country.

Chuck Norris:

It's that "unknown" Elena Kagan who has gun owners particularly concerned at the moment, not only because she's Obama's favored choice but because evidence for her beliefs on gun control is extremely scarce.

David McIntosh, co-founder of the Federalist Society:

I'm deeply disappointed that President Obama has chosen to nominate an individual who has demonstrated a lack of adherence to the limits of the Constitution and a desire to utilize the court system to enact her beliefs of social engineering. Solicitor General Kagan has been nominated with no judicial experience, a mere two years of private law practice, and only a year as Solicitor General of the United States. She is one of the most inexperienced nominees to the U.S. Supreme Court in recent memory.

Susan B. Anthony List:

"Elena Kagan has no judicial record from which to determine her position on Roe v. Wade, but she has publicly criticized the 1991 Supreme Court ruling to allow the Department of Health and Human Services to restrict funding from groups that performed or promoted abortion, and has also criticized crisis pregnancy centers. Additionally, President Obama has said he prefers a Supreme Court nominee who would take a special interest in 'women's rights'--a barely masked euphemism for abortion rights. Through the judicial confirmation process the American people must know where Elena Kagan stands on the abortion issue, and it is the responsibility of the U.S. Senate to find out.

"Ms. Kagan's publicly demonstrated prejudices do not lend themselves well to blind justice. Susan B. Anthony and her early feminist compatriots fought for a human rights standard sustained only through blind justice--and they knew that one group is never served by undermining the rights of another. Women will never be served by ignoring the rights of unborn children. When evidence of personal preference appears in any Supreme Court nominee's judgment, it should give all women pause."

Judicial Crisis Network:

Solicitor General Elena Kagan is out of step with main street Americans, her limited record is outside the mainstream of American legal thought, and she lacks any substantial qualifications to sit on the Supreme Court.

Elena Kagan has no prior experience that qualifies her for the Supreme Court.

...

Ultimately, it is difficult to see how Kagan’s extreme left wing views and lack of relevant experience qualify her for a seat on the Supreme Court.

Gary Bauer:

"Sadly, President Obama, while saying repeatedly that he wants to bring people together, does something to tear people apart by choosing another liberal activist and long-time abortion advocate to have long-term power over the fabric of American life. Equally troubling at this time of terrorist activity and international unrest is the fact that while she was dean of the Harvard Law school, Kagan opposed military recruiting. Our Armed Forces who protect and defend our freedom deserve better.

"Obama has become the 'Divider in Chief,' choosing racial identity politics, socialist economics and extreme liberal activists who would tear the fabric of American society. Whether you look at his appointments or his policies, Obama goes out of his way to repudiate the values and desires of the American people.

"This is an opportunity for Republicans to represent the values of millions of Americans who are counting on them to defend the rule of law. Republicans in the Senate need to use every tool available to determine the nominee's views on such pivotal issues as whether terrorists deserve the same rights as Americans, whether the U.S. Constitution has hidden code in it supporting radical social change, and whether the Constitution requires that the public square be purged of Judeo-Christian values.

Mat Staver of Liberty Counsel:

Judges should interpret, not make the law. The Senate should press hard to question Elena Kagan on her judicial philosophy. The public deserves to know whether Kagan will use her transnational law philosophy as a lens through which she views the Constitution. And the public needs to know whether her personal views will trump the Constitution, as they appeared to do when she banned military recruiters from campus.

American Center for Law and Justice:

This is the beginning of an important, deliberative process in which the American people deserve to know where Elena Kagan stands on the Constitution and the rule of law,” said Jay Sekulow, Chief Counsel of the ACLJ. “The fact that Elena Kagan has no previous judicial experience underscores the importance of closely examining her judicial philosophy - will she abide by the Constitution, or will she take an activist view? With the Senate’s constitutional role of providing ‘advice and consent’ regarding nominees, we call on the Senate Judiciary Committee to provide full and thorough hearings and ask the tough questions about how Kagan views the role of Justices, the Constitution, and the rule of law. While no nominee should express legal opinions concerning specific issues, the American people deserve to know whether this nominee – which could serve for many decades – embraces the philosophy of judicial activism.

American Life League:

"Clearly, Kagan has demonstrated a record of interpreting the law in the light of homosexual, pro-abortion activism.

"What's at stake here is the core constitutional question that passionately divides the country – does our Constitution seek human rights for all human beings or merely some human beings? Kagan's answers to her 2009 confirmation hearings provide clear insight into her future judicial philosophy.

"Will President Obama's nomination of Solicitor General Kagan be another example of his continued disregard for human rights in favor of advancing his favorite pet political agenda – abortion on demand courtesy of the American tax dollar?

"With the nomination of 50-year-old Kagan, will President Obama assure his long-lasting assault on the most fundamental human right of personhood?

"As President Obama races against the election clock, he has worked to undermine many of the American values and principles that make this nation the greatest on Earth.

Life Issues Institute:

"Mr. Obama has once again made it clear that he strictly follows a pro-abortion litmus test for anyone he nominates to the Supreme Court," said Bradley Mattes, executive director of Life Issues Institute. "We should not be surprised that his legacy will be the intentional killing of our nation's most vulnerable citizens--unborn babies. This nomination is a tragedy for America's women and their unborn children."

Concerned Women for America:

“In her disdain for the military, Elena Kagan considers her own views and opinions as more important than obeying the law and equipping the country with the best fighting force in the world. We need justices who put national security over the feelings or demands of special interest groups.

“We urge the US Senate to oppose the nomination of Elena Kagan. We want a justice who will defend the Constitution, support our families and uphold the right to life and traditional marriage.”

Operation Rescue:

Elena Kagan's support for abortion and her predisposition for judicial activism makes her a poor selection. We need a justice that will uphold the Constitution, not rewrite it though judicial activism. It is clear that as long as Obama is president, we cannot expect anything other than the nomination of radical liberal pro-aborts, even though those with that political philosophy and agenda are opposed by the majority of the American people.

Family Research Council:

"Elena Kagan's lack of legal experience will be discussed by both sides of the aisle but her record of liberal activism should not be overlooked.

"As the Harvard Law School Dean, Elena Kagan tried to bar the military from recruiting on her law school's campus during the height of the Iraq War based on her opposition to the federal law restricting homosexuals in the military. She fought the issue all the way to the Supreme Court which ruled unanimously against her, an extraordinary rebuke to her legal and substantive reasoning.

"Ms. Kagan's incredibly hostile view of the military suggests she is out of touch with mainstream sensibilities and obedience to the rule of law. President Obama promised a nominee committed to the 'rule of law,' but, instead, he appears to have nominated a hard-left activist to the Supreme Court.

Traditional Values Coalition:

“President Obama’s pick of Elena Kagan demonstrates his willingness to subvert the Constitution for his personal agenda and impose his leftist ideology on our nation for the next 30 to 40 years,” continued Lafferty. “The Obama Administration has already saddled the next two generations of Americans with a mountain of debt, and the lifetime appointment of Elana Kagan to the Supreme Court will extend the radical Obama agenda over them.”

Elaine Donnelly of the Center for Military Readiness:

“It is unfortunate that President Barack Obama has chosen to replace the only military veteran on the Supreme Court with a nominee whose only significant record indicates deliberate hostility and opposition to laws protecting the culture and best interests of the American military.”

Donnelly continued, “Senators considering this nomination should question Elena Kagan’s flawed logic and anti-military attitude that she expressed by signing an amicus brief challenging the Solomon Amendment in Rumsfeld v. Fair. It is significant that the U.S. Supreme Court upheld the constitutionality of that legislation, which protects equal access for military recruiters on college campuses, with a unanimous (8-0) vote. Even Justice Ruth Bader Ginsberg did not agree with Kagan’s anti-military views.”

National Organization for Marriage:

Don’t be fooled, Pres. Obama today has nominated a radical justice who will vote to overturn Prop 8 in California, the federal Defense of Marriage Act and the laws protecting marriage in all 50 states.

NOM has reviewed her record, and today we told the press. “A vote for Elana Kagan will be a vote for imposing gay marriage on all 50 states.”

SCOTUS Round-Up: Right Ready To Spend Millions Fighting Gay Nominee Women Don't Like

Remember last time around when various Religious Right groups were saying that they would not oppose a Supreme Court nominee just because said nominee was gay

In fact, Focus on the Family's Bruce Hausknecht went on record saying "the issue is not their sexual orientation. It’s whether they are a good judge or not":

“Our concern at the Supreme Court is judicial philosophy,” FOF spokesperson Hausknecht continued. “Sexual orientation only becomes an issue if it effects their judging.” For example, he said, “If someone says, `I don’t care what the law says, on the next case involving sexual orientation, I’m going to decide the case in favor of the openly gay party,’ that would be a breach of judicial duty.”

Well, Focus received a lot of flack for that from professional anti-gay activists like Gary Glenn and Peter LaBarbera and now Focus' Tom Minnery has "clarified" their position to LaBarbera, stating that the organization would oppose a gay nominee because said nominee would be, by definition, sinful and immoral: 

“It has been reported that we would not oppose any U.S. Supreme Court nominee over their ’sexual orientation.’ Our Judicial Analyst [Bruce Hausknecht] made a statement to this effect in an interview with The Plum Line. To be honest, this is one of those conversations we’d like to ‘do over.’ We can assure you that we recognize that homosexual behavior is a sin and does not reflect God’s created intent and desire for humanity. Further, we at Focus do affirm that character and moral rectitude should be key considerations in appointing members of the judiciary, especially in the case of the highest court in the land. Sexual behavior–be it heterosexual or homosexual–certainly lies at the heart of personal morality.”

In other news, right-wing groups are planning on raising and spending millions of dollars to fight Obama's nominee, without even knowing who it is:

Even without a nominee, some conservative organizations are bracing for a fight based on the ideological leanings of previous Obama judicial nominees.

Carrie Severino, the general counsel for the conservative Judicial Crisis Network, formerly called the Judicial Confirmation Network, said her group was prepared to launch a media campaign costing in the seven figures, similar to the one it waged against Sotomayor.

“I think we have funding in place. We are prepared to really fight,” she said.

Curt Levey, executive director of the Committee for Justice, another conservative group, said that a judicial fight can boost fundraising and energize the base to get out and vote in the midterm elections.

Finally, Penny Young Nance, CEO of Concerned Women for America, has an op-ed on FoxNews.com explaining just "What Women Want In a Supreme Court Nominee" - remarkably, what all women want seems to be exactly the same as what CWA wants:

Just because Justice Stevens was a liberal on the Court, it does not mean that President Obama must nominate another liberal to replace him. Planned Parenthood president Cecile Richards is already salivating at the possibility of a justice who will “stand equally strong for” abortion on demand.

Obama sailed into office as a man expected to heal the nation, unite the political parties, and bring warm fuzzies to a country divided. On the contrary, since entering the White House our president and his policies have driven the country into an unfathomable divide, even lending to the uprising of the Tea Party movement, which brought out everyone from retirees to soccer moms -- and professionals who never cared about politics -- because Obama introduced policies that would destroy the lives they had built.

Women want a Justice who will uphold the Constitution, the right to life, and will preserve the family as a foundational cornerstone of our society. They don’t want someone who will legislate from the bench and uphold abhorrent legislation like the health care bill.

With Stevens Retiring, Right Readies For a Fight

Today, Justice John Paul Stevens announced that he will retire from the Supreme Court after nearly 35 years of service ... and the Right has been quick to issue warnings to President Obama that they are ready to fight.

American Center for Law and Justice:

"The announcement of Justice Stevens' retirement underscores the reality that President Obama will make a second appointment to the nation's highest court that will impact generations to come," said Jay Sekulow, Chief Counsel of the ACLJ.

"While there's certain to be much debate about Justice Stevens' replacement, there is one thing that is clear - President Obama is likely to name a nominee who will embrace an extremely liberal judicial philosophy. Make no mistake about it - this appointment really represents more than just replacing one vote on the court. With a replacement who is likely to serve for 30 or 40 years, it's clear this replacement will have a long-term impact on judicial philosophy and likely play a determining factor in decisions for decades to come.

"Once a nominee is named and the confirmation process begins, it's important that the nominee face full and detailed hearings – with specific focus on the nominee's judicial philosophy including how the nominee views the Constitution, the role of judges, and the rule of law. That is what the American people expect and deserve."

Liberty Counsel:

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “The Supreme Court should be about law, not politics. Beginning in the 1950s, the Supreme Court morphed into a political machine. When judges impose their political will rather than the rule of law, the rule of law is undermined and the people lose confidence in the system. As Chief Justice John Roberts said during his confirmation hearings, judges ought to be umpires who simply call the balls and strikes. They ought not play in the game or change the rules. The American people deserve a Supreme Court nominee who respects the rule of law and who will set aside personal bias in order to be faithful to the Constitution.”

Concerned Women for America:

Penny Nance, CEO of Concerned Women for America (CWA), said, “The news is no shock for those of us who follow the issue. Justice Stevens has been sending all the signals for the White House to be prepared. Our hope is that President Obama has had time to reflect on the issue and will make a change in the way he has looked at nominations. Will he nominate a justice who will show respect for our laws and the Constitution or will he continue to put ideology over the will of the majority of Americans?

“All three of the nominees in the short list are not encouraging. Elena Kagan’s apparent willingness to look at international law when deciding domestic cases, Judge Merrick Garland’s support of granting constitutional rights to enemy combatants, and Diane Wood’s extremely radical pro-abortion activism should bring chills to every American. We know the President can do better than that.”

CWA President Wendy Wright said, “Coming off of a debate over health care that has deeply divided the country against Pres. Obama, in which he ignored the Constitution and foisted his contentious beliefs onto millions of Americans, President Obama desperately needs to choose a qualified and Constitutionally-sound nominee. It would be healing for the country for President Obama to change course and select a nominee that respects the Constitution more than their own –or foreign countries’ – ideology.

Mario Diaz, Esq., CWA’s Policy Director for Legal Issues, said, “The President has the opportunity to change the radically divisive image he has created in the minds of many Americans. If he decides to nominate someone who respects the Constitution as written, instead of someone who believes in a living Constitution that they can mold to say whatever they want, he can do a lot to repair his image.

“Last time, even his own nominee, Justice Sotomayor, rejected the President’s idea of the role of a judge, even though her own record lined right up with the President’s radical view. That is how radical the President’s view is in this area. So if experience tells us anything, it tells us he will go with ideology instead of what is best for the country, but we hope and pray that we can finally see a ‘change,’ like he promised us.”

Priests for Life:

"The opening of a Supreme Court seat will again open the ongoing debate in our nation over abortion -- and it well should, not because Justices are supposed to shape public policy, but because the very purpose of government is the protection of human rights, starting with life. Anyone who fails to affirm that does not belong in any public office, much less the US Supreme Court."

Judicial Crisis Network:

This vacancy will open a new dialogue about the role of courts in our society. The American people are fed up with President Obama’s left-wing agenda and will make their frustration known at the polls. But he still has one ace up his sleeve: packing the Supreme Court with rubber stamps instead of judges. To an activist judge, the constitution represents an inconvenient truth that they will distort, ignore, or defy to push their radical liberal agenda.

President Obama painted Justice Sotomayor as the epitome of moderation, but her record on the court has been anything but. In her first term she has yet to meet a left-wing position she didn’t like. When President Obama speaks about maintaining balance on the court, don’t believe it. If Justice Thomas were the one retiring, the word “balance” would have been already banned from the White House.

 Traditional Values Coalition:

The retirement of Supreme Court Justice John Paul Stevens is good news and bad news. It’s good news that he will no longer be free to impose his liberal ideas on Americans through his Supreme Court edicts. But, the bad news is that President Obama will undoubtedly appoint someone equally liberal and far younger who will rewrite the Constitution according to his or her political purposes.

Ultimately, the retirement of Justice Stevens and appointment of a new Justice is an even trade.

If President Obama had any honor, he would pick a replacement for Stevens who respects the Constitution, but this is unlikely. He will choose a radical ideologue who will push the Court to the left for decades to come. Obama will replace an old judicial activist with a younger one.

More Changes Underway At The Judicial Confirmation Network

A few weeks ago the right-wing Judicial Confirmation Network, which was founded to help ensure the confirmation of President Bush's judicial nominees, announced that it was changing its name to the Judicial Crisis Network to better reflect the fact that, well, getting judges confirmed was no longer its primary mission now that President Obama was doing the nominating.

Now it appears as if JCN is undergoing even more changes, as longtime Chief Counsel and spokesperson Wendy Long has left and been replaced by Carrie Severino:

Today the Judicial Crisis Network (Formerly: The Judicial Confirmation Network/www.judicialnetwork.com) added Carrie Severino as the new Chief Counsel and Policy Director. Mrs. Severino will serve as JCN’s chief spokesperson as well as provide legal analysis and strategic guidance. Previously Mrs. Severino served as law clerk to U.S. Supreme Court Justice Clarence Thomas and most recently was an Olin/Searle Fellow and a Dean's Visiting Scholar at Georgetown Law Center.

“The addition of Carrie Severino allows JCN to build on our leadership role in the fight to confirm only highly qualified individuals that apply the law fairly to the U.S. Supreme Court and allows JCN to broaden our mission to confront the radical legal and legislative threats facing the country on the state and local level,” said Gary A. Marx, Executive Director, Judicial Crisis Network.

“Reining in the activist judges is an enormous job, but the American people are up to the task, and we at JCN will certainly do our part to defend the Constitution and the Founders’ vision of a fair and impartial judiciary.” said Mrs. Severino.

Mrs. Severino also served as law clerk to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. She is a graduate of Harvard Law School, cum laude, of Duke University, and holds a Master's degree in Linguistics from Michigan State University.

Additionally, JCN would like to recognize and thank Wendy Long for her five years of dedicated service as counsel. Wendy has decided to devote her time to her family and other causes, but JCN would not be where it is today without her hard work and sacrifice.

The Rebirth of the Judicial Confirmation Network

Last year, I wrote a series of posts noting that with the election of Barack Obama, the right-wing Judicial Confirmation Network, which was formed specifically to help President Bush's judicial nominees get confirmed, would probably have to change its name as well as its mission to "support the confirmation of highly qualified individuals to the Supreme Court of the United States [and] ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote."

Well, guess what?  The Judicial Confirmation Network is henceforth to be known as the Judicial Crisis Network, as JCN explains in this email it just sent out (and posted here):

Just over a year into the new Administration and it has become abundantly clear that defenders of liberty and justice in America have an enormous task at hand. In fact, we face a crisis potentially more threatening than even the current economic crisis.

Friends and supporters of the Judicial Confirmation Network – which led the fight to confirm only highly qualified individuals to the U.S. Supreme Court - have urged the organization to broaden its mission to confront the radical legal and legislative threats facing the country.

We have chosen to accept this new challenge. We hope you'll join us in this effort by considering a contribution of even $25, $50 or $75. It will go a long way towards our efforts to address the crisis facing our nation.

To reflect this new mission we have changed our name to the Judicial Crisis Network and adopted the following new mission statement:

The Judicial Crisis Network is dedicated to strengthening liberty and justice in America.

Our commitment is to the Constitution and the Founders’ vision of a nation of limited government; dedicated to the rule of law; with a fair and impartial judiciary. Every American deserves equal justice under law.

Our operational mission is to promote this vision at every level and branch of government – and to educate and organize citizens to participate in this mission.

We support efforts to ensure only highly qualified individuals who share this vision comprise our state and federal courts and staff executive branch offices that administer and enforce the law.

We support legislative and legal efforts which oppose attempts to undermine the rule of law; unconstitutionally expand the power of government; politicize the enforcement of the law; threaten American sovereignty; supplant American law with foreign or international law; or bias the legal system on behalf of politically favored groups or individuals.

I knew that screencap I took of their old homepage last year would some day come in handy:

The Legal Times' Tony Mauro adds more:

As part of its ramped-up presence, Marx said the group is moving its offices from Manassas, Va. to 2nd Street N.E., directly behind the Supreme Court and a few doors down from Jay Sekulow's American Center for Law and Justice. Announcement of staff changes and expansion will come soon, Marx said.

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Judicial Crisis Network Posts Archive

Kyle Mantyla, Tuesday 04/03/2012, 2:23pm
Once upon a time, there was a right-wing group called The Judicial Confirmation Network that was created "to ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote."  Such a mission made sense back during the George W. Bush administration, when the group was founded ... but didn't work so well when Barack Obama was elected and suddenly the organization was fighting to ensure that his nominees didn't get confirmed. Eventually, the JCN realized that it couldn't keep calling itself the... MORE >
Peter Montgomery, Monday 06/06/2011, 8:59pm
Ralph Reed’s Faith and Freedom Coalition gathering in Washington, D.C. this past weekend was essentially a relentless repetition of the GOP’s 2012 attack themes on the Obama administration, mixed with Religious Right leaders’ demands that the Tea Party not abandon social conservatives’ priorities and conservative politicos’ appeals for unity behind whichever candidate emerges from the presidential crowd.  Just about everyone running, or thinking about running, for the presidency on the Republican side was in attendance with the exception of Newt Gingrich.... MORE >
Brian Tashman, Wednesday 03/02/2011, 11:54am
Legal scholar Goodwin Liu, President Obama’s nominee for the Ninth Circuit Court of Appeals, is receiving a second hearing at the Senate Judiciary Committee today. Liu, who is an Associate Dean and Professor of Law at the Berkeley School of Law and a renowned legal scholar, has unsurprisingly found himself to be a top target of right-wing activists. Ed Whalen of the Nation Review accuses Liu of “trying to fool senators and get himself appointed to the Ninth Circuit, where he would (among countless opportunities for mischief)” overrule California’s Proposition 8. In... MORE >
Brian Tashman, Monday 12/13/2010, 4:16pm
Today a federal judge in Virginia, responding to a suit filed by the state’s far-right Attorney General Ken Cuccinelli, ruled that a key part of health care reform was unconstitutional. The judge, Henry E. Hudson, said that the Constitution’s “interstate commerce clause” does not provide the federal government the right to implement a mandate to make sure that everyone has health insurance coverage. A different federal judge in Virginia dismissed a similar suit brought by Liberty University against the reform law only two weeks ago. Judge Hudson was first appointed... MORE >
Kyle Mantyla, Wednesday 10/13/2010, 5:42pm
Carl Paladino apologizes. In response, Rabbi Yehuda Levin withdraws his endorsement. And Terence Jeffrey and Joseph Farah defend Paladino's remarks. The Judicial Confirmation Network - sorry, the Judicial Crisis Network - has released its first ever voter scorecard [PDF]. The ALCJ continues its fight against the "Ground Zero Mosque." Pamela Geller and John Stemberger defend themselves in the $10 million Rifqa Bary lawsuits against them by claiming they may have engaged in hyperbole while attacking Bary's parents' attorney never knowingly lied.... MORE >
Kyle Mantyla, Thursday 07/01/2010, 5:46pm
The Judicial Crisis Network excitedly announces that Roy Blunt would not vote to confirm Elena Kagan.  That might be relevant if Blunt actually served in the Senate. The NRA has come out in opposition to Kagan. The fact that the wife of a sitting Supreme Court justice is leading an organization dedicated to opposing President Obama doesn't seem inappropriate at all. A Christian radio station has pulled out of a Christian music festival in Oshkosh, WI because Sojourners founder Jim Wallis had been invited to speak. Jane Chastain says that Christians and the... MORE >
Kyle Mantyla, Tuesday 06/29/2010, 5:19pm
Outside of the incessant Twittering of the Judicial Crisis Network's Carrie Severino, I haven't seen much commentary from the Right on Elena Kagan's hearing today ... and the few things I have seen have tended to be along the line of this ridiculous press release from the American Life League: "Elena Kagan has revealed herself as the pro-abortion activist she is. The 'health of the mother' exception has long been code for abortion on demand for any reason under the sun - including financial 'health.' "Kagan's position is clearly opposed by the majority of Americans who... MORE >
Kyle Mantyla, Tuesday 06/29/2010, 9:58am
As the questioning in Elena Kagan's confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times. The Judicial Crisis Network's first day write-up is particularly confusing, as they seem convinced that Kagan is trying to "disguise herself as the next John Roberts"  The Senate Judiciary Committee just concluded the first day of Elena Kagan's hearings to replace Justice Stevens on the Supreme Court. Our summary of... MORE >