Predictable Conservatives Obstructing for the Sake of Obstructing

Just as Senate Republicans have lined up to deny any Obama nominee a hearing and a vote, conservative outside groups are doing the same–to obstruct the entire judicial process and give the Republicans cover for not doing their job.

To these conservatives, it’s never mattered who President Obama nominates. They are dead set on obstructing and opposing anyone the President puts up, even if they once praised and affirmed Judge Merrick Garland.

See below for now & then comments by:

 

Judge Merrick Garland Flip-Flops

 

Ilya Shapiro – Cato Institute

Now

Ilya Shapiro: “Garland Has Shown An Alarming Amount Of Deference To The Government In His Years On The Important D.C. Circuit.” According to an opinion by Ilya Shapiro for CNN, “From my own perspective, Garland has shown an alarming amount of deference to the government in his years on the important D.C. Circuit, which handles appeals from administrative agencies. I also fear that he won’t represent the check on ever-expanding federal power and executive actions to the same extent as Scalia. And if you’re a civil libertarian, his solicitude for law enforcement makes him much less appealing than other judges who had been under consideration.” [ Ilya Shapiro – CNN, 3/16/16]

Shapiro: “A ‘Moderate’ Appointed By A Democratic President Isn’t Much Different From A ‘Radical.’” According to an opinion by Ilya Shapiro for Forbes, “But second, even when you look into Garland’s impressive qualifications, you realize that, as the indispensable Kevin Williamson points out, a ‘moderate’ appointed by a Democratic president isn’t much different from a ‘radical.’ After all, someone who would only do ‘moderate’ damage to the rule of law shouldn’t be acceptable as a ‘compromise’ pick. Heck, the New York Times says that he’s to the left of Justices Breyer and Kagan, almost as far gone as Justices Ginsburg and Sotomayor.” [Ilya Shapiro – Forbest, 3/18/16]

Then

Ilya Shapiro Opinion: Sonia Sotomayor Was “Far Less Qualified For A Seat On The Supreme Court Than… Merrick Garland.” According to an opinion by Cato Institute legal scholar Ilya Shapiro for CNN, “In picking Sonia Sotomayor, President Obama has confirmed that identity politics matter to him more than merit. While Judge Sotomayor exemplifies the American Dream, she would not have even been on the short list if she were not Hispanic. She is not one of the leading lights of the federal judiciary, and far less qualified for a seat on the Supreme Court than Judges Diane Wood and Merrick Garland or Solicitor General Elena Kagan.” [Ilya Shapiro – CNN, 5/27/09]

 

Carrie Severino – Judicial Crisis Network

Now

Carrie Severino: “We Know The President’s Aggressively Trying To Frame Garland As If He Were A Total Moderate… That Couldn’t Be Farther From The Truth.” According to Roll Call, “‘We know the president’s aggressively trying to frame Garland as if he were a total moderate,’ said [Carrie] Severino, chief counsel and policy director for the conservative Judicial Crisis Network. ‘That couldn’t be farther from the truth.’” [Roll Call, 3/17/16]

Then

Carrie Severino: “We Could Do A Lot Worse Than Merrick Garland. He’s The Best Case Scenario We Could Hope For To Bring The Tension And The Politics In The City Down A Notch.” According to the Washington Post, “Carrie Severino of the conservative Judicial Crisis Network said Garland may be far more liberal than his rulings indicate because he has not yet publicly staked out his position on issues such as abortion. ‘But of those the president could nominate, we could do a lot worse than Merrick Garland,’ Severino said. ‘He’s the best scenario we could hope for to bring the tension and the politics in the city down a notch for the summer.’” [Washington Post, 4/23/10]

 

Ed Whelan – Ethics & Public Policy Center

Now

Whelan: “I Believe That Garland Would Move The Court Markedly To The Left And That Senate Republicans Should And Must Adhere To Their Position That No Nominee Should Receive Senate Consideration Before The Election.” According to an opinion by Ed Whelan for the National Review, “I repeat that I have very high regard for Supreme Court nominee Merrick Garland’s intellect and decency, and, at the risk of engaging in the soft bigotry of low expectations, I think that he’s as good a nominee as anyone President Obama might plausibly have selected. That said, I believe that Garland would move the Court markedly to the Left and that Senate Republicans should and must adhere to their position that no nominee should receive Senate consideration before the election.” [Ed Whelan, National Review, 3/16/16]

Then

Ethics & Public Policy Center President Ed Whelan: “If You Want To Make Sure Someone Has The Ability To Do The Work, There Is Nothing Like The Court Of Appeals Experience To Reflect That.” According to the National Journal, “Ed Whelan, president of the Ethics and Public Policy Center, said at the ACS event that it wasn’t unusual for presidents to seek Supreme Court justices from outside the judicial monastery. That hasn’t always produced justices with the longevity and influence of a Warren, he said, pointing to George W. Bush’s botched nomination of White House counsel Harriet Miers. ‘If you want to make sure someone has the ability to do the work, there is nothing like the Court of Appeals experience to reflect that,’ Whelan said.” [National Journal, 6/15/09]

Whelan: “Of The Candidates That President Obama Might Plausibly Nominate To The Court, All The Others Strike Me As Markedly Worse Than Garland.” According to an opinion by Ed Whelan for the National Review, “In sum, if it were up to me, Garland wouldn’t remotely be a candidate for the Supreme Court. But, alas, it’s not. Of the candidates that President Obama might plausibly nominate to the Court, all the others strike me as markedly worse than Garland.” [Ed Whelan – National Review, 4/13/10]

 

Curt Levey – FreedomWorks Foundation

Now

Curt Levey Threatened To Primary Any Senator Who Didn’t “Toe The Line.” According to Talking Points Memo, “[Curt] Levey also threatened to primary senators who don’t toe the line. ‘In some cases where there are potential primary opponents, we might consider supporting a primary opponent if the senator did not do the right thing,’ Levey said.” [Talking Points Memo, 2/18/16]

Levey On Garland: “Confirming President Obama’s Nominee Would Mean Installing A Liberal Majority On The Supreme Court That Would Eviscerate Virtually All Limits On Federal Power And The Regulatory State And Would Reverse Many Of The Freedoms Conservatives Hold Dear.” According to USA Today, “‘Confirming President Obama’s nominee would mean installing a liberal majority on the Supreme Court that would eviscerate virtually all limits on federal power and the regulatory state and would reverse many of the freedoms conservatives hold dear,’ said Curt Levey, executive director of the conservative group FreedomWorks Foundation.” [USA Today, 3/16/16]

New York Times: “Mr. Levey… Struggled To Explain His Previous Remarks” On Garland’s Acceptability. According to the New York Times, “What complicates the effort for conservatives is that prominent activists like Mr. [Curt] Levey have previously been complimentary of Judge Garland. Mr. Levey, for example, in an email to other conservatives in 2012, said that Mr. Obama should not consider nominating ‘anyone to the left of Merrick Garland’ to the Supreme Court, implying that Judge Garland was acceptable, as opposed to the president’s more liberal previous nominees, such as Justice Sonia Sotomayor. Mr. Levey, as he prepared for his series of television appearances, struggled to explain his previous remarks.” [New York Times, 3/21/16]

  • FreedomWorks Foundation Communications Director Jason Pye To Levey: “Try As Much As You Can To Stay Away From The Nominee.”According to the New York Times, “The live shot on MSNBC was less than an hour away, so Curt A. Levey, executive director of the FreedomWorks Foundation, a conservative group determined to block President Obama’s Supreme Court nominee, sat with his communications director for a quick review of what his message to the American public should be. ‘Try as much as you can to stay away from the nominee,’ said Jason Pye, the communications director, not even mentioning Judge Merrick B. Garland, the president’s choice, by name.” [New York Times, 3/21/16]

Then

New York Times: “Mr. Levey… In An Email To Other Conservatives In 2012, Said That Mr. Obama Should Not Consider Nominating ‘Anyone To The Left Of Merrick Garland’ To The Supreme Court, Implying That Judge Garland Was Acceptable.” According to the New York Times, “What complicates the effort for conservatives is that prominent activists like Mr. Levey have previously been complimentary of Judge Garland. Mr. [Curt] Levey, for example, in an email to other conservatives in 2012, said that Mr. Obama should not consider nominating ‘anyone to the left of Merrick Garland’ to the Supreme Court, implying that Judge Garland was acceptable, as opposed to the president’s more liberal previous nominees, such as Justice Sonia Sotomayor.” [New York Times, 3/21/16]

Curt Levey, Now At FreedomWorks Foundation: “There Are Certainly Conservative Groups That Would Oppose Him, But There Are Also Conservative Groups That Would Very Likely Sit On Their Hands, Because He Is About The Best That We Can Do.” According to Politico, “‘There are certainly conservative groups that would oppose him, but there are also conservative groups that would very likely sit on their hands, because he is about the best that we can do,’ said Curt Levey of the conservative Committee for Justice. ‘He is liberal, but overall – unlike a lot of the other people you hear mentioned – he doesn’t seem agenda driven.’” [Politico, 4/9/10]

  • Levey: “He Is Liberal, But Overall – Unlike A Lot Of The Other People You Hear Mentioned – He Doesn’t Seem Agenda Driven.” According to Politico, “‘There are certainly conservative groups that would oppose him, but there are also conservative groups that would very likely sit on their hands, because he is about the best that we can do,’ said Curt Levey of the conservative Committee for Justice. ‘He is liberal, but overall – unlike a lot of the other people you hear mentioned – he doesn’t seem agenda driven.’” [Politico, 4/9/10]

Levey: “You’ll Have, If Not A Love Fest, Something Close To It If [The Choice Is] A Garland.” According to the New York Magazine, “A consummate Beltway insider, Garland clerked for William Brennan, worked as a litigation partner at Arnold & Porter, and served in the Carter, Bush 41, and Clinton administrations; in the last of those gigs, he oversaw the Oklahoma City bombing case. Since he ascended to the bench, Garland has won many fans, Republicans among them, with his careful opinions and lack of overt ideological bias. Garland counts Roberts, with whom he clerked as a young man, as a friend. Orrin Hatch has sung his praises. Ed Whelan, a former Bush 43 Justice Department official, calls him ‘the best nominee that Republicans could hope for.’ Right-wing judicial activist Curt Levey adds, ‘You’ll have, if not a love fest, something close to it if [the choice is] a Garland.’” [New York Magazine, 4/23/10]

 

Jay Sekulow – American Center for Law and Justice

Now

American Center For Law And Justice President Jay Sekulow: “The U.S. Senate Should Not Take Any Action On President Obama’s Nominee To Replace Justice Antonin Scalia Until After The Presidential Election.” According to an opinion by Jay Sekulow for the American Center for Law and Justice, “The U.S. Senate should not take any action on President Obama’s nominee to replace Justice Antonin Scalia until after the presidential election. We are in the middle of a critical election and it’s important that Americans have a voice in filling the vacancy on the U.S. Supreme Court. We continue to urge the U.S. Senate to delay any confirmation hearings for a Supreme Court nominee until the presidential election is concluded and a new President is in office.” [Jay Sekulow – ACLJ.org, 3/17/16]

Then

Politico: “What Conservatives Will Go After: With Garland, Very Little, It Seems.” Jay Sekulow: “On Some Criminal Cases, He Has A More Moderate Streak, But Having Said That, It’s All Very Relative.” According to Politico, “What conservatives will go after: With Garland, very little, it seems. ‘On some criminal cases, he has a more moderate streak, but having said that, it’s all very relative,’ said [Jay] Sekulow. ‘There are certainly conservative groups that would oppose him, but there are also conservative groups that would very likely sit on their hands, because he is about the best that we can do,’ said Curt Levey of the conservative Committee for Justice. ‘He is liberal, but overall – unlike a lot of the other people you hear mentioned – he doesn’t seem agenda driven.’” [Politico, 4/9/10]

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