PREPARING FOR AN UNSPARING NOMINATION FIGHT: As President-elect Trump vowed to name a Supreme Court nominee within about two weeks of his inauguration, our sister organization Alliance for Justice warned of an all-out effort by its allies to defeat some of those he might pick. AFJ President Nan Aron told The New York Times, “This could be the biggest fight in the history of Supreme Court nominations.”
Trump’s nominee likely would return the court, now shorthanded with eight justices, to the same kind of philosophical divisions it saw before Justice Antonin Scalia died last year, and with Justice Anthony Kennedy casting a swing vote in a number of key cases. If Trump is faced with a second high court appointment, however, he “could transform American jurisprudence,” according to The Times.
“An entire century of progress could well crumble,” Aron told the newspaper. Trump has spoken publicly, including at a news conference on Wednesday, of picking justices in the mold of archconservative Scalia. Meanwhile, Justice Kennedy is 80 years old and the court’s senior liberal justices, Ruth Bader Ginsburg and Stephen G. Breyer, are 83 and 78, respectively. Other media reporting on Trump’s comments about the court on Tuesday included McClatchy, Reuters, CNN, and Politico. SCOTUSblog, profiling potential nominees, looked at William Pryor here and Steven Colloton here.
CIVIL RIGHTS IS FOCUS ON SESSIONS’ SECOND DAY: Attorney General nominee Jeff Sessions’ record “indicates that we cannot count on him to support state and national efforts toward bringing justice to the justice system,” Sen. Cory Booker, D-N.J., testified before the Senate Judiciary Committee on Wednesday, NPR reported. NPR summed up: “Booker, the first sitting senator to testify against a fellow senator during a confirmation hearing, said Sessions’ record shows he won’t protect people of color, women, LGBT communities, immigrants or voting rights.”
Also testifying against the Alabama Republican’s confirmation were Rep. John Lewis, D-Ga., an icon of the civil rights movement, and Rep. Cedric Richmond, chairman of the Congressional Black Caucus. All three men are African-American, as are three witnesses who testified opposite them in Sessions’ support, including William Smith, the first African-American counsel of the Senate Judiciary Committee. Among other witnesses questioning or decrying Sessions’ civil rights record were leaders of the NAACP and the American Civil Liberties Union.
Related commentary and coverage included New York Times, “[Sen. Chuck] Schumer Will Oppose Confirmation of Jeff Sessions”; Salon, “Jeff Sessions would be a disaster for the LGBT community: Trump’s attorney general pick has spent his career opposing equality at every level”; Dallas Morning News editorial, “Jeff Sessions is wrong for attorney general; he should be rejected”; Newark Star-Ledger editorial, “Booker’s bad manners? Sessions deserves it”; and Ari Berman in The Nation, “Jeff Sessions Claims to Be a Champion of Voting Rights, But His Record Suggests Otherwise: He would be one of the most dangerous attorneys general in modern US history.”