Justice Anthony Kennedy Retires From The Supreme Court

In what turned out to be one of the most important days in American history, Supreme Court Associate Justice Anthony Kennedy announced his resignation from the Bench after more than thirty years of service. The 1987 appointee of President Ronald Reagan hand delivered President Donald Trump a resignation letter that stated: 

My dear Mr. President,   

This letter is a respectful and formal notification of my decision, effective July 31 of this year, to end my regular active status as an Associate Justice of the Supreme Court, while continuing to serve in a senior status, as provided in 28 U.S.C 371 (b). 

For a member of the legal profession it is the highest of honors to serve on this Court. Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises. 

Respectfully and sincerely,  

Anthony Kennedy

The RNLA immediately issued the following press release:

The Republican National Lawyers Association (RNLA) honors Supreme Court Justice Anthony Kennedy, who announced his retirement from the Supreme Court today. In his over 30 years on the Court, he has written some of the most seminal opinions in modern jurisprudence, and he will be remembered as one of the most important Supreme Court justices in American history. 

Justice Kennedy’s retirement leaves an important vacancy on the Supreme Court, and President Donald Trump will now have the opportunity to nominate a new Supreme Court justice from his superb list of potential Supreme Court nominees who respect the text of the Constitution and the role of the Court. While Senate Democrats have obstructed and delayed President Trump’s judicial nominees whenever possible, we trust that President Trump’s nominee will be vetted and confirmed due to the strong leadership of Senate Judiciary Committee Chairman Chuck Grassley and Majority Leader Mitch McConnell. 

RNLA President Elliot Berke stated: “Since he was appointed by President Reagan in his second term, Justice Kennedy has been an important voice on the Court. We wish him nothing but the best in retirement. President Trump has mentioned many excellent candidates to replace Justice Kennedy, and we urge the Senate to not play politics but consider his nominee in as expedient a manner as possible.” 

RNLA Chair John Ryder agreed: “Justice Kennedy has been a champion of First Amendment rights from political speech to the free exercise of religion. His voice and views have made a great contribution to our understanding of the Constitution."

Senate Majority Leader Mitch McConnell praised Justice Kennedy, particularly for his work in defending the First Amendment:

I want to express gratitude for the extraordinary service that Justice Kennedy has offered our nation. We owe him a debt of thanks for his ardent defense of the First Amendment right to political speech. #SCOTUS

— Leader McConnell (@SenateMajLdr) June 27, 2018

Chairman of the Senate Judiciary Committee Chuck Grassley said this of Justice Kennedy's tenure:

I thank Justice Kennedy for his decades of service to the law, to our republic + to the American ppl Our country owes him a debt of gratitude

— ChuckGrassley (@ChuckGrassley) June 27, 2018

The RNLA has a panel of legal experts available to discuss the retirement and the process for replacing Justice Kennedy. 

The RNLA will update this blog post as additional news comes out.

Last updated: June 27, 2018 at 5:00pm.

RNLA Honors Prof. Ron Rotunda on His Passing

Professor Ron Rotunda, a stalwart leader of the conservative and Republican legal movements, has unexpectedly passed away.  A consummate scholar, he was an expert on constitutional law, federalism, free speech, professional responsibility, legal history, and many other areas of law.  His legal and political analysis was always insightful and witty, enabling non-lawyers and lawyers alike to easily understand complicated concepts and making him a sought-after commentator on many issues.  

RNLA President Elliot Berke said: "When I was in law school, Ron became a legal giant to me as a Constitutional Law scholar. He had worked on Watergate with my Con Law professor so I then only knew him by reputation. Within a few years of graduating, I was fortunate to work with him in the Independent Counsel's office and to become his friend. He leaves behind a tremendous legacy in the law and will be greatly missed." 

Here are some recent highlights from his prolific writing and speeches:

John Marshall and the Cases That United the States of America - published in January, this critically acclaimed book contains Prof. Rotunda's rewritten and condensed version of Beveridge's biography of John Marshall.  It is a fascinating read for scholars of legal history and constitutional law.

"Facebook, Russian Interference and the Monsters on Maple Street" - Verdict, Dec. 18, 2017:

There is nothing new under the sun and there is nothing new about Russian interference. The Russians (and the Soviets before them) spread agitation-propaganda, or “agitprop,” a Russian blend of agitatsiya (agitation) and propaganda (propaganda). Its purpose is to sow discord, fan hatred. . . . 

Non-democracies spread fake news to undermine democracy and manipulate people. . . . There is nothing unusual, or even new, in all of this. When we express surprise, we emulate French Captain Renault in Casablanca who said, “I am shocked—shocked—to find that gambling is going on in here!” (Right after that, an employee says to him, “Your winnings, sir.”) 

What we know of Russian interference tells us much about Putin, the former KGB operative, and much about ourselves. Russia used Facebook and other social media in the year or so preceding the 2016 presidential election, and the period following, to sow discord and mayhem. The point is to amplify social divisions . . . by promoting opposite sides of the political spectrum . . . .

"Using the Licensing Power of the Administrative State: Model Rule 8.4(g)" - The Federalist Society's National Lawyers Convention, Nov. 18, 2017: Prof. Rotunda provided a chilling, yet amusing, analysis of free speech implications of the American Bar Association's new Model Rule of Professional Conduct 8.4(g).

"George Wallace at Harvard—The Good Old Days of Campus Free Speech" - Verdict, May 8, 2017: 

Every generation must relearn the lessons of free speech. It is no accident that Eastern European Communists suppressed speech and art as well as politics and religion. And when the people overturned the Communist dictators of Eastern Europe, they regarded freedom of expression as a premier right. The Czech revolution began in the theatres, and that country’s first freely elected president since World War II was a playwright.

"An English Teacher Corrects Shakespeare" - Verdict, Apr. 10, 2017:

There is also the problem of free speech. People have a right to use ordinary English. Perhaps because we have passed 1984 unscathed, we often ignore the significance of George Orwell’s “Newspeak”. Words both reflect and mold the way that people think, which is why they are so powerful and why the First Amendment is so important. [Northern Arizona University's] Dr. [Anne] Scott is using her power of grading as a way to control how people talk. . . . 

There are limits to the power of words, but there is also a magic in them: not the magic of “abracadabra,” but magic nonetheless. Words have the ability to confuse and to clarify, to help legitimate policies, to generate loyalty, to give the appearance of action, to mold people’s perceptions of the world, to affect the way they approach a problem, and to reflect their innermost thoughts. When people argue about “mere words,” they are talking about fundamentals, about infrastructure, not superstructure. 

When Dr. Scott and Northern Arizona University force students to use certain words and shun others, they are tapping into this power—a power easy to abuse. That is why we have the First Amendment. The government should not punish people for using words that our dictionary blesses.

"The Electoral College Works Fine, Just as It Is" - Verdict, Dec. 5, 2016:

Our Electoral College system prevents candidates with only regional appeal from winning. Statistically, a rule requiring the winner to prevail in a number of sub-elections produces a better result for the country. For the same reason we count the number of games won in the World Series (rather than the total number of runs, which would be heavily influenced by an anomalous game). After all, if Clinton in 2016, won 100% of the popular vote in her home State of New York, thereby prevailing in the nationwide popular vote, those extra votes would not show she had more support nationwide, only that she is a candidate popular in one very populous state. 

The Electoral College penalizes political parties that have only regional strength. In the 2016 election, the Democrats had regional appeal. If you look at a map of the vote for president based on counties, with counties colored red (for Republican), you will see the country painted with a sea of red except, primarily, at the seashores. This regional influence extends in congressional races as well. In the House of Representatives, just three coastal states, California, Massachusetts and New York, now account for a third of all House Democrats. 

The Framers of our Constitution built for the long term and created a system to last for generations. They established a democracy while protecting the rights of the minority. . . . 

The structural limits do not stop here. They created the Electoral College to protect the residents of the smaller states, and they rejected government by simple majority because plebiscites historically have been the tool of dictators, such as Hitler & Benito Mussolini. In modern form, plebiscites arose out of the French Revolution. Madison feared what he called “tyranny by the majority.”

"The ABA Decision to Control What Lawyers Say: Supporting 'Diversity' But Not Diversity of Thought" - The Heritage Foundation Legal Memorandum, Oct. 6, 2016: 

These changes show that the ABA is very much concerned with what lawyers say and who teaches them. The only thing that does not concern the ABA is diversity of thought. The language that the ABA uses to promote its latest foray into political correctness makes this all too clear. Moreover, what the ABA does affects all of us, even if we are not lawyers, because of its governmental power. . . . 

Even when a court does not enforce this rule by disbarring or otherwise disciplining the lawyer, the effect will still be to chill lawyers’ speech, because good lawyers do not want to face any nonfrivolous accusation that they are violating the rules. The ABA as well as state and local bar associations routinely issue ethics opinions advising lawyers what to do or avoid, and most lawyers follow this advice. . . . 

Is it the best use of scarce bar resources to discipline lawyers who may violate a vague rule that prohibits speech because that speech violates the new Rule 8.4(g)? It is not as if the disciplinary authorities are looking for things to do. There are plenty of lawyers who are incompetent, who commingle trust funds, or who cheat third parties. 

The purpose of the new Rule 8.4(g) is to promote a “cultural shift” in the United States. Until now, that was not within the job description of the ABA or of the Rules Governing Professional Conduct.

Rest in peace, Professor Rotunda.

Commissioner Lee Goodman Defended 1st Amendment and Rule of Law at FEC

Republican Federal Election Commission Commissioner Lee Goodman announced today that he will resign from the FEC on February 16 to join the political law practice at Wiley Rein.  In his four years of service at the FEC, Commissioner Goodman has been a stalwart defender of the First Amendment, due process, and the rule of law, often speaking out strongly against the efforts of his Democratic colleagues to regulate political speech on the Internet and change the rules governing political activity after the fact and without following proper regulatory procedures.

Commissioner Goodman described some of the achievements of the FEC during his tenure in his resignation letter to President Trump:

We issued several advisory opinions recognizing the use of new technologies to galvanize political participation . . . .  Meanwhile, we restrained unlawful efforts to regulate, and in some cases censor, American citizens’ political opinions on YouTube and Twitter, as well as the freedom of press outlets like Fox News and WCVB-TV of Boston to make editorial decisions concerning their political coverage. . . .  

Most importantly, I have faithfully discharged my responsibility to balance the agency's regulatory objectives with the First Amendment rights it regulates.  Since the agency’s inception, the Federal Election Commission’s unique mandate to respect the core constitutional rights of citizens acting, speaking and associating for democratic purposes has provoked criticism from those who disagree with the balance drawn.  Some would even prefer the Commission ignore the First Amendment altogether.  But protecting First Amendment rights is an inherent part of the Commission’s mission. Thus, I have endeavored throughout my service to preserve the Constitutional right of American citizens to speak, hear, and think freely about their democracy. It has been my duty and privilege to defend this fundamental human freedom.

Commissioner Goodman's steadfast efforts to protect Americans' rights of free speech and due process have been recognized by the election law community.  RNLA leaders and members were quick to praise him when his resignation was announced:

RNLA President Elliot Berke: "Lee's tenure on the FEC was marked by grace, dignity, and professionalism. He is a good man and a good friend and I wish him nothing but the best as he returns to the private sector." 

RNLA Chair John Ryder: "Lee Goodman is a fine lawyer.  The FEC and the country were fortunate to have his service over the past several years.  His strong defense of the First Amendment rights of all Americans will be missed on the commission." 

RNLA Vice President for Election Education David Warrington: "As an FEC Commissioner and former Chairman of the agency, Lee was a champion for the First Amendment and the right of all Americans to participate in the political process.  He defended those rights at a critical time when they were under assault by those inside and outside the government that sought to restrict the freedoms of speech, assembly, and the press.  I am sure he will continue fighting for those same principles as he returns to the private practice of law." 

RNLA Member (and Mr. Goodman's future Wiley Rein colleague) Eric Wang: "Lee was a great champion for protecting political speech on the Internet from excessive regulation by the FEC, and for keeping the agency from interfering with the news media.  Lee also fought hard to ease the regulatory burden on the beleaguered national and state party committees.  I look forward to working with Lee as he presses on with these battles on behalf of clients."

RNLA Executive Director Michael Thielen: "All Americans are indebted to Lee Goodman for his work to preserve First Amendment rights and his efforts to prevent the FEC Democrats from politicizing the FEC to achieve their liberal policy goals.  Lee is passionate about the Constitution, the rule of law, and free speech, and he will represent his new clients at Wiley Rein well.

For some examples of the many ways in which Commissioner Goodman has defended the First Amendment and the rule of law at the FEC, read our past blog posts on him here.  Thank you, Commissioner Goodman, for your faithful service to our country!

RNLA Elects New Officers and Board of Governors Members

Today, the RNLA recognized the new officers and members of the Board of Governors elected at its recent annual board meeting:

RNLA President Elliot Berke stated: “I welcome our new and returning board members, as well as our new and returning officers to what I expect to be an historic year for the RNLA. It’s an honor to serve as your President during this important time in our history.” 

RNLA Executive Director Michael Thielen agreed: “I am honored to work for and with these distinguished Republican attorneys. I am especially pleased that, after having our first female chair last year in Kimberly Reed, there are now four women officers leading the RNLA. We look forward to a strong year.” 

Five new officers were elected for 2018. John Ryder of Memphis, Tennessee, was elected Chair. . . . Joanne W. Young of Washington, DC, was elected Co-Chair. . . . Harmeet K. Dhillon of San Francisco, California, was elected Vice President for Communications. . . . Thomas Wheeler of Indianapolis, Indiana was elected Vice President for Programming. . . . Audrey Perry Martin of Sacramento, California was elected Vice President for Membership. . . .   

Three new members of the Board of Governors were elected for 2018, joining the 43 incumbent members of the Board of Governors. 

Marc Ellinger of Jefferson City, Missouri, . . . Linda A. Kerns of Philadelphia, Pennsylvania, . . . [and] Chris Marston of Alexandria, Virginia . . . .

For more information about the new officers and members of the Board of Governors, please read the full press release here.  The RNLA looks forward to an excellent year under these new leaders and the existing leadership they joined.

RNLA Thanks Senator Orrin Hatch

Today, Senator Orrin Hatch announced his retirement at the end of this term. 

RNLA Executive Director Michael Thielen said: “Orrin Hatch has long has been a great friend of the RNLA since our founding in 1985.  It was Senator Hatch who first said: ‘If you are a lawyer and you are a Republican, you should be a member of the Republican National Lawyers Association.’  Thank you Senator Hatch.” 

RNLA President Elliot Berke stated: “We thank Senator Hatch for his tremendous service to our nation. He's a Senator's senator and a man of great character. We wish him all good wishes for the future.”  

RNLA Board Member Frank Salinger said: "In his 41 years of Senate service, Orrin Hatch championed the rule of law and legal issues ranging from confirming conservative federal judges to intellectual property. He is the longtime friend of RNLA and always made himself available for our events and to meet our members. Having represented Utah companies for many years, I know first hand that—even when he worked on national issues— he never forgot his constituents throughout his home state’s 29 counties. Orrin went to Washington, DC but he never forgot Utah." 

At The Republican Lawyer blog, we frequently cited Senator Hatch. 

“In a recent judicial confirmation hearing, a nominee was asked, explicitly, “do you consider yourself an orthodox Catholic?” That same nominee was told that, upon review of her record, “the conclusion one draws is that the dogma lives loudly within you.” Statements like that can be taken only as the imposition of some kind of religious test for holding office. Nothing could be more repugnant to our values of religious freedom and liberty.”  12/4/2017: Senator Hatch on Religious Liberty

The majority should know the judicial filibuster facts because, after all, they pioneered the use of filibusters to defeat judicial nominees who would otherwise be confirmed. Why are they engaging in filibuster fraud? One possibility is that the majority wants to cover up the fact that President Obama has consistently lagged behind his predecessors in making judicial nominations.  The Senate, after all, cannot confirm nominations that do not exist.  6/19/2013: Hatch Calls Out Senate Democrats for Filibuster Fraud

[On the Scalia Supreme Court vacancy] Democrats have no credibility in lecturing Republicans on how to conduct the current confirmation process. Their recent actions only validate the rationale for waiting. From personal attacks on Republican committee chairmen to coordinated disruptions by professional activists, liberal pressure tactics belie any commitment to keeping politics out of the confirmation process.  Considering a nominee in the midst of a toxic presidential election would be irresponsible. Doing so would only further inject a circus atmosphere into an already politicized confirmation process. Conducting a thoughtful and substantive deliberation after the election is in the best interests of the Senate, the judiciary and the country.  3/28/2016: Sen. Hatch: Let Voter's Decide the Court's Future

Thank you, Senator Hatch.  

Matthew Petersen Qualified to Serve on D.C. District Court

RNLA President Elliot Berke sent a letter today to the Senate Judiciary Committee in support of current FEC Commissioner Matthew Petersen, who has been nominated to the U.S. District Court for the District of Columbia:

I have known Commissioner Petersen both personally and professionally for many years and practiced before him at the Federal Election Commission, and there are few attorneys who possess the ability to read, understand, and analyze statutes and regulations as well as Commissioner Petersen.  He is a consummate professional who has carefully considered the facts and the law for each matter before him at the FEC, without regard to policy considerations that were outside his purview.  His knowledge of and experience with administrative law are exceptional, and as you are aware, administrative law forms a substantial portion of the District Court for the District of Columbia’s docket. 

Commissioner Petersen has recently been subject to politically motivated attacks about his trial knowledge and experience.  Those who oppose his steadfast defense of American citizens’ First Amendment rights of political speech at the FEC do not wish him to join the federal bench. 

The reality is that the Federal Rules of Civil Procedure and other doctrines governing trial procedure are of course important aspects of the position, but the ability to parse complicated regulations and correctly apply them to factual situations must be honed over years of practice.  Commissioner Petersen has done precisely that in his distinguished career of public service and private practice.  The American Bar Association Standing Committee on the Federal Judiciary unanimously rated him as qualified.

The RNLA urges the Senate Judiciary Committee to swiftly and favorably report his nomination to the entire Senate and the Senate to confirm him.  Those who oppose Commissioner Petersen because of his support for the First Amendment and the rule of law at the FEC should not be allowed to prevail.

Larry Levy Honored as 2017 Republican Lawyer of the Year

Next Wednesday evening at the City Club of Washington, DC, the RNLA will host a reception honoring Larry Levy, who was selected by the RNLA Board of Governors as the 2017 Republican Lawyer of the Year.  RNLA's leadership praised Mr. Levy as very deserving of this honor:

RNLA President Elliot Berke praised the selection: “Larry is a true lawyer’s lawyer, and a consummate professional. I had the honor of nominating him to the RNLA board many years ago, and I couldn’t be happier to see him receive our Lawyer of the Year award. I thank him for all he’s done for the cause and his friendship.”

RNLA Chair Kimberly Reed highlighted Mr. Levy's core strengths: “In the decade I have known and worked with Larry Levy, I can attest to the values that Mayor Rudy Giuliani sees in him. Most importantly, he is dedicated to the United States Constitution and rule of law. On a personal note, Larry's steadfast dedication to the children who lost a parent or sibling on September 11th speaks volumes about his character. On behalf of the RNLA Board of Governors, I thank Larry for his service to RNLA and our mission.”

RNLA Co-Chair and former RNC General Counsel John Ryder added: “Larry has been a strong leader for the integrity of the ballot, for RNLA and for the country. He is truly deserving of Republican Lawyer of the Year.”

RNLA Executive Director Michael Thielen agreed: “Larry is one of the most influential lawyers I know; his influence is very broad. His efforts, both personally and professionally, in the 2016 election were essential to ensuring that it was an open, fair, and honest election that led to historic victories for Republicans at every level of the ticket. Yet he is very humble and would not ‘toot his own horn.’ Working with Larry for years has been one of my great pleasures, and I can think of no lawyer more deserving of being Republican Lawyer of the Year this year.” 

Former Mayor Rudy Giuliani will attend the reception, and several very special guests, whose names we are not able to release, have also confirmed.  There is still time to purchase a ticket ahead of next Wednesday's celebration. 

Eric Dreiband Should Lead The DOJ’s Civil Rights Division

In the Daily Caller, RNLA President Elliot Berke penned an article calling for the fair and swift confirmation of his friend and former colleague Eric S. Dreiband to lead the Department of Justice's Civil Rights Division as Assistant Attorney General. Mr. Berke wrote the following of his friend:

One of the primary criticisms of Eric is that in private practice he’s been the “go to lawyer” for “big corporations.” As General Counsel of the Equal Employment Opportunity Commission during the Bush administration, Eric actually litigated against companies accused of discrimination. By the way, he was unanimously confirmed by the Senate for that position.

Eric served as Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division. In that capacity, he directed the federal government’s enforcement of the Fair Labor Standards Act, the Family and Medical Leave Act, the Migrant Seasonal Agricultural Worker Protection Act, and other federal labor laws. For his contribution to the department’s efforts to update the Fair Labor Standards Act’s overtime exemption regulations, he received the Secretary of Labor’s Exceptional Achievement Award. Eric also received the Secretary of Labor’s Compliance Assistance Award for leading the Labor Department’s efforts to increase compliance with the federal child labor laws.

Eric is a skilled and able attorney who represents his client’s interests zealously, whether his client is a corporation or the American people. He respects the law as written, and if confirmed as head of the Civil Rights Division, will seek to enforce federal civil rights laws to their full extent without following an activist or partisan agenda, just as he did at EEOC and the Department of Labor.

But as I’ve told the Senate Judiciary Committee, it is my personal and professional opinion that Eric will be an effective advocate for the protection of civil rights and for the prosecution of civil rights abuses. My hope is that he receives a fair hearing and swift Senate consideration, and that all sides realize what a talented lawyer they will have to advance the cause of justice.

Today, the Senate Judiciary Committee held a string of catch-up hearings on nominees by President Trump who were announced before Congress's summer recess.  The RNLA urges the swift confirmation of Eric Dreiband, Justice Larsen of Michigan for the 6th Circuit Court of Appeals, and the other well-qualified nominees who are currently held up by Senate Democrats obstructing President Trump's nominees.

Congratulations to Justice Gorsuch!

Earlier today, Judge Neil Gorsuch was sworn in and became Justice Gorsuch, taking Justice Scalia's seat on the Supreme Court.  RNLA leaders expressed their congratulations to Justice Gorsuch:

RNLA Chair Kimberly Reed said: “Judge Gorsuch has demonstrated his immense intellectual abilities, clear legal writing skills, and fidelity to the Constitution throughout his ten-year career on the bench; and he will continue to serve the American people and uphold the rule of law as a United States Supreme Court Justice. His remarkable ability to build consensus with his colleagues in reaching decisions on difficult legal questions will be an asset as the highest court grapples with challenging legal cases.”

RNLA Co-Chair John Ryder agreed: “Judge Gorsuch is a worthy successor to Justice Scalia. I am delighted that President Trump has delivered on his promise to the American people to nominate someone who fits the mold of Justice Scalia. I am equally pleased that the Senate saw fit to honor the will of the people by confirming Judge Gorsuch.”

RNLA President Elliot Berke stated: “Throughout his long career, Judge Gorsuch has reached decisions by taking the words of the Constitution, statutes, regulations, or precedents seriously and then fairly applying the governing law to the facts of the case before him. This judicial method best protects the rights of every American, and Justice Gorsuch will serve in the tradition of Justice Scalia, protecting the rights of the people by deferring to the will of people expressed through their elected representatives. America will be a better place because of his service on the Supreme Court.” 

RNLA Executive Director Michael Thielen recognized the leadership of Senate Republicans throughout the confirmation process: “Thanks to the leadership of Leader McConnell, Senator Grassley, and the other Republican senators, the Democrats’ efforts to obstruct President Trump’s well-qualified nominee, and use him as a foil to attack President Trump and undermine the results of last November’s election, failed.” 

RNLA would also like to thank all our members and leaders who worked tirelessly in support of Justice Gorsuch's confirmation to the Supreme Court.

After pausing today to celebrate the confirmation and swearing in ceremonies of Justice Gorsuch, The Rep Lawyer will be returning to its regular programming of mostly election-related content for the remainder of this week.  In that spirit, check out our updated vote fraud news page here.

Ripped from the Headlines: RNLA Leaders Express Support for Neil Gorsuch

RNLA leaders have been actively promoting the swift confirmation of Judge Neil Gorsuch from an array of compelling perspectives.

(1) Elliot Berke, RNLA President, wrote “The Democrats Will Try To Filibuster Gorsuch - But Anything They 'Gain' Will Be Short-Lived” for the Independent Journal Review. Mr. Berke's article looks at why the Democrats have adopted an obstructionist path during the Gorsuch nomination and is doubtful of any likely gains.

To their credit, however, Democrats have tried—though ineffectively—to make their opposition about substantive issues they have with Gorsuch. The confirmation hearing was a fascinating look at how many times the same questions could be asked in different ways to try to get Gorsuch to give away all his political preferences, pre-judge cases that may come before him, and prove a conservative bias. . . It’s hard not to be impressed by Judge Gorsuch. Democrats who questioned him didn’t even seem that frustrated or angered by his pleasing personality and impressive ability for recall about cases he worked on and statutes he interpreted. It’s just that Democrats, as far back as January before President Trump even announced his pick, had decided they would filibuster anyone the new president held up for consideration.

Democratic Sen. Chuck Schumer (NY) insists the filibuster to come is not payback or vengeance but merely an aversion to a judge that he does not consider “mainstream.” It’s important to make the push back about Gorsuch and his radical conservatism (an oxymoron if there ever was one) and not about a petty payback. Schumer and the Democrats may have some help in the form of progressive groups pledging to pull support for any Democrat who doesn’t fall in line and oppose Gorsuch. . .  Whatever the case, the gains for the Democrats will be pyrrhic and short-lived. The lesson of 2016 that Democrats seem to be ignoring is that voters have stopped buying the obstructionist Democratic talking points and are tired of mindless obstruction and partisan bickering in Washington.

(2) John Ryder, RNLA Co-Chair, penned “Democrats’ blinkered look at Gorsuch” for The Washington Times. Mr. Ryder’s focus was a commentary on Gorsuch’s hearing, Day 2, specifically an exchange between Judge Gorsuch and Senator Feinstein that showed that Democrats were strictly focused on talking points rather than the whole picture that makes up the nominee.

Judge Gorsuch thanked Mrs. Feinstein for the opportunity to correct the presentation of his judicial record, noting that he had participated in more than 2,700 opinions in over 10 years on the federal bench and Democratic senators had selected just a few to focus on that do “not represent the body of my work”. . . [Judge Gorsuch] reiterated his commitment to the rule of law, and to not judging cases according to the identities of the parties involved but according to the law: “And the bottom line, I think, is that I would like to convey to you, from the bottom of my heart, is that I’m a fair judge. And I think if you ask people in the 10th Circuit, is he a fair judge, you’ll get the answer you got yesterday from both Sen. Bennet and Sen. Gardner … I can’t guarantee you more than that, but I can promise you absolutely nothing less.”

That is the true Judge Gorsuch, the one that Democrats would see if they bothered to review his record. But as Mrs. Feinstein so tellingly revealed earlier today, the Democrats are not willing to do even basic due diligence to understand his record and judicial philosophy. They would rather repeat exhausted talking points from liberal activists, attack one of the foundational protections for liberty in the American system of government — the rule of law, not of judges — and grandstand to gain political points with radical progressives.

(3) Mark Baker, RNLA Montana Chair, submitted “Gorsuch deserves senators' support for Supreme Court seat” for the Helena Independent Record. Mr. Baker’s piece focuses on why Judge Gorsuch understands Westerners and will be a great addition to the Bench.

The simple fact is Judge Gorsuch understands Montanans—he is, after all, a fellow Westerner. If confirmed, he will be the only Westerner currently on the Supreme Court and the first in a generation. As a Westerner, he understands the challenges faced by Montanans and has a long record of protecting our freedoms and rights. His decisions on the bench reflect a deep respect of the law as it relates to many of the issues unique to our part of the country, like the 2nd Amendment, private property rights, water rights, and Indian sovereignty. 

Judge Gorsuch believes in interpreting the Constitution and the law according to its text, structure, and history. This approach protects the rights of individuals and preserves freedom in our system of federalism with the separated powers of government . . . With a sterling and impressive record and a strong base of bipartisan support, Judge Gorsuch clearly understands us Westerners and our Constitution, and he has a firm commitment to protecting our freedoms.” 

Related to this point, Judge Gorsuch has earned the endorsement of major American Indian organizations, specifically National Congress of American Indians and the Native American Rights Fund. Their statement of support can be read here.

(4) Michael Thielen, RNLA Executive Director, authored “Democrats Should Hold To Their Own Standards” for The Daily Caller. Mr. Thielen’s piece focuses on the several standards the Democrats have applied to various Supreme Court nominees over the years. A summary of his article can be read here.

(5) David Warrington, RNLA Vice President for Election Education, wrote “Do Democrats oppose Gorsuch because they hate free speech? (Yes.)” for The Hill on behalf of a fellow pro-Gorsuch group. His focus was praising Gorsuch's respect for the proper rule as a judge, not a politician, during his confirmation hearing. 

Judge Gorsuch’s answers to the committee’s questions demonstrated a deep understanding of the law and respect for the Constitution and the role of judges. The same cannot be said for many of the senators who questioned him. This fundamental lack of understanding and respect for the Constitution by some of members of the Judiciary Committee was on full display as Sen. Sheldon Whitehouse (D-Rhode Island) relentlessly pressed Judge Gorsuch on the issues of political speech and campaign finance disclosure. . . .

Judge Gorsuch did not base his answers on his personal values. Instead, he stuck to the Constitution and precedent. Exactly what a judge should do when performing his duties as a judge . . . It was clear from the confirmation hearings and his record, that Gorsuch will decide cases as the facts and the law dictate rather than basing decisions on his, or anyone else’s, personal values. That is precisely the role of a judge and Gorsuch understands this. Unfortunately, Whitehouse and many of his colleagues don’t. That is why the Senate should confirm Judge Gorsuch as next associate justice of the Supreme Court.

We will keep you posted on additional publications by RNLA Leaders as they happen. To stay up to date, consider following our Twitter Feed and Facebook Page.

Sign Letter from RNLA Members and Friends in Support of Sessions for AG

There are many reasons to support Sen. Jeff Sessions as the next Attorney General of the United States, yet Democrats and liberals have baselessly attacked him, smearing his character and dismissing his years of public service through false, partisan attacks.  Read more about Sen. Sessions' record from RNLA's President Elliot Berke here.

There are several ways to support Sen. Sessions, including contacting your Senators and ask them to vote for Sen. Sessions for Attorney General.  This is especially important if you live in Florida, Indiana, Michigan, Missouri, Montana, North Dakota, Ohio, Pennsylvania, or Wisconsin.

You can also sign RNLA's letter in support of Sen. Sessions from its members and friends, which says:

As members and friends of the Republican National Lawyers Association (RNLA), we urge you to promptly confirm Senator Jeff Sessions as the next Attorney General of the United States. 

Senator Sessions has vast experience that has prepared him well to assume the responsibilities of Attorney General. Senator Sessions proved his skills as a law enforcement official in the Department of Justice as a U.S. Attorney and his skills as an administrator as the Attorney General of Alabama. In the Senate, he showed the breadth and depth of his knowledge of legal policy and consistently demonstrated concern for solving the problems faced by U.S. citizens within the limits of his power as a member of the federal government. 

Throughout his long career, Senator Sessions has proven that he is committed to the rule of law and protecting the rights of individual citizens, without regard to race, gender, or economic status. He has sought to interpret the Constitution and the law impartially. He has shown character to remain committed to his principles even in the face of political criticism. 

The RNLA is the home of Republican lawyers in the Republican Party. In 2010, RNLA presented Senator Sessions with its highest award, the Edwin Meese III Award, in recognition of his efforts to uphold the rule of law. We are steadfast in our belief that Senator Sessions will make an exemplary Attorney General. 

Thank you for your careful consideration of Senator Sessions, his experience, and his excellent qualifications to be the 84th Attorney General of the United States. We encourage the Senate to promptly confirm Senator Sessions as Attorney General.

Add your name to the letter here.  Thank you for your support of Sen. Sessions!

RNLA Officially Urges Senate to Confirm Sen. Sessions as Next AG

Today, the RNLA sent a letter urging the Senate to quickly confirm Sen. Sessions as the next Attorney General of the United States:

Senator Sessions has vast experience that has prepared him well to assume the responsibilities of Attorney General. Senator Sessions proved his skills as a law enforcement official in the Department of Justice as a U.S. Attorney and his skills as an administrator as the Attorney General of Alabama. In the Senate, he showed the breadth and depth of his knowledge of legal policy and consistently demonstrated concern for solving the problems faced by U.S. citizens within the limits of his power as a member of the federal government. 

Throughout his long career, Senator Sessions has proven that he is committed to the rule of law and protecting the rights of individual citizens, without regard to race, gender, or economic status. He has sought to interpret the Constitution and the law impartially. He has shown character to remain committed to his principles even in the face of political criticism. 

The RNLA is the home of Republican lawyers in the Republican Party. In 2010, we presented Senator Sessions our highest award, the Edwin Meese III Award, in recognition of his efforts to uphold the rule of law. We are steadfast in our belief that Senator Sessions will make an exemplary Attorney General. 

Thank you for your careful consideration of Senator Sessions, his experience, and his excellent qualifications to be the 84th Attorney General of the United States. We encourage the Judiciary Committee, and the whole Senate, to promptly confirm Senator Sessions as Attorney General. 

RNLA Congratulates Ronna Romney McDaniel as Next RNC Chair

Washington, DC — Today, the Republican National Committee (RNC) announced that Ronna Romney McDaniel will be the next Deputy Chair of the RNC, in line for the position of Chairwoman when current RNC Chairman Reince Priebus becomes President Donald Trump’s Chief of Staff next month. While the Republican National Lawyers Association is fully separate from the RNC, we congratulate our fellow Republican organization on an excellent selection for its next leader and congratulate Ronna Romney McDaniel.

RNLA Chair Kimberly Reed said: "As the first female Chair of the Republican National Lawyers Association, I congratulate Ronna Romney McDaniel on being named Deputy Chair of the RNC. She ably led the Michigan Republican Party in a pivotal year that turned the key swing state of Michigan from blue to red for the first time in a presidential election since 1988. We look forward to her bringing that talent to the RNC to make a difference for our nation at the start of the Trump."

The RNC Chair is the national leader of the Republican Party, tasked with bringing the disparate coalitions that compose the Party together to advance Republican policy goals and elect Republican candidates. Ms. Romney McDaniel, Michigan native and niece of 2012 Republican Presidential candidate Mitt Romney, has served as Michigan’s representative to the RNC and as Chair of the Michigan Republican Party. She worked tirelessly on behalf of Republican candidates in Michigan this election cycle, bringing together different coalitions within the Party in Michigan.

RNLA’s Michigan Chapter Chair Jason Hanselman stated: "Congratulations to Ronna Romney McDaniel. Ronna is an excellent choice after leading the effort to win Michigan for Donald Trump, the first Republican Presidential candidate to win Michigan in 28 years—something many people said was impossible. Ronna's vision, leadership, and fundraising acumen allowed the Michigan Republican Party to achieve historic victories this year. And winning the election once was not enough for Ronna. She also worked tirelessly to defeat Jill Stein's wasteful recount effort—recruiting and organizing volunteers while overseeing the litigation that ultimately ceased the recount in Michigan. I wish Ronna the best in this new endeavor and am confident that she will bring to the RNC the same level of excellence she brought to the Michigan Republican Party." 

"The person who leads the RNC has a tremendous impact on the Republican Party and the entire country. Ronna Romney McDaniel is an excellent choice to succeed Reince Priebus," said Elliot Berke, President of RNLA.

RNLA is the national organization of Republican attorneys. The mission of RNLA is to advance professionalism; open, fair and honest elections; career opportunity; and Republican ideals. For more information, please visit http://www.rnla.org.

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RNLA Welcomes Four New Members to Its Board of Governors

The RNLA is pleased to announce that four new members of its Board of Governors were elected at its recent annual board meeting:

RNLA Chair Kimberly Reed stated: “The RNLA is honored for these distinguished attorneys to join its Board of Governors. They bring a wealth of expertise and experience that will be invaluable to the Board." . . .

RNLA President Elliot Berke said: “I am pleased that these four accomplished lawyers have agreed to help lead the RNLA in 2017 as it seeks to advance Republican ideals during the Trump Administration." 

These attorneys join the incumbent members of the Board of Governors, which include incoming White House Counsel Don McGahn, RNC General Counsel John Ryder, and many other distinguished lawyers. 

Harmeet Kaur Dhillon is the founder of the Dhillon Law Group Inc. and is a nationally recognized trial lawyer, trusted boardroom advisor, and passionate advocate for her clients. 

John R. Hammond III is co-chair of Ice Miller's Public Affairs Group and a veteran of Indiana state government, where he has helped shape a wide variety of public policy. 

Matthew Morgan is a partner in the Indianapolis office of Barnes & Thornburg LLP where is he a member of the firm’s Government Services and Finance Department.

Stefan Passantino is a partner of Dentons, where he is a member of the Public Policy and Regulation practice and heads the firm's Political Law practice. 

For more information on the new and incumbent board members, please read today's press release.

RNLA Congratulates New Officers

The RNLA is pleased to announce its new officers, elected at its annual Board of Governors meeting earlier this week:

Elliot Berke was elected the new President. Mr. Berke serves as Managing Partner of Berke Farah LLP and previously was a partner and practice group co-chair at McGuireWoods LLP. He has been named by Chambers USA as a "Nationwide Best Lawyer" and by Washingtonian as one of "Washington's Best Lawyers." 

Outgoing RNLA President Larry Levy said: “I am pleased to turn over the office of President to Elliot, a very capable leader, an excellent lawyer, and a good friend. He will ably manage and grow the RNLA during this critical first year of President-elect Trump’s administration.” 

Kimberly Reed was elected the first female Chair of the RNLA. Ms. Reed serves as President of the International Food Information Council (IFIC) Foundation. Recognized as one of the 100 Women Leaders in STEM (Science, Technology, Engineering, and Math), she also is on the Boards of the Alzheimer’s Association, Alzheimer’s Impact Movement, American Swiss Foundation, and National Coalition for Food and Agriculture Research. 

RNLA Executive Director Michael Thielen said: “I have worked with Kimberly when she was a senior official in the U.S. Treasury Department, counsel to the U.S. Congress, and at RNLA. Her leadership skills and passion for the RNLA, the rule of law, and the advancement of women in the Republican Party will be a tremendous asset to the RNLA.” 

Other new and incumbent officers are:

Manuel Iglesias, First Vice President  

Larry Levy, Vice Chair 

David Bowsher, Vice President for Programming 

Brent A. Bramnick, Vice President for Membership 

Marc Ellinger, Vice President for Finance 

Ronald Hicks, Vice President for Communications 

Eric Lycan, Vice President for Judicial Affairs 

Stefan Passantino, Vice President for DC Operations  

David Warrington, Vice President for Election Education 

Chris Marston, Secretary 

Roger Barth, Treasurer

Politico Influence highlighted the election of Kimberly Reed as first female Chair and Elliot Berke as President in today's edition.