Political fights over Supreme Court seats nothing new

Topics in Legal News 2017/04/01 15:24   Bookmark and Share
Wondering when Supreme Court nominations became so politically contentious? Only about 222 years ago — when the Senate voted down George Washington's choice for chief justice.

"We are in an era of extreme partisan energy right now. In such a moment, the partisanship will manifest itself across government, and there's no reason to think the nomination process will be exempt from that. It hasn't been in the past," University of Georgia law professor Lori Ringhand said.

This year's brouhaha sees Senate Democrats and Republicans bracing for a showdown over President Donald Trump's nominee, Neil Gorsuch. It's the latest twist in the political wrangling that has surrounded the high court vacancy almost from the moment Justice Antonin Scalia died in February 2016.

Each side has accused the other of unprecedented obstruction. Republicans wouldn't even hold a hearing for Merrick Garland, President Barack Obama's nominee. Democrats are threatening a filibuster, which takes 60 votes to overcome, to try to stop Gorsuch from becoming a justice. If they succeed, Republicans who control the Senate could change the rules and prevail with a simple majority vote in the 100-member body.

As she lays out in "Supreme Court Confirmation Hearings and Constitutional Change," the book she co-wrote, Ringhand said, "There were more rejected nominees in the first half of the nation's history than in the second half. That controversy has been partisan in many cases, back to George Washington."

"Confirmations have been episodically controversial," said Ringhand, who is the Georgia law school's associate dean. "The level of controversy has ebbed and flowed."

John Rutledge, a South Carolinian who was a drafter of the Constitution, was the first to succumb to politics. The Senate confirmed Rutledge as a justice in 1789, a post he gave up a couple of years later to become South Carolina's chief justice.

In 1795, Washington nominated Rutledge to replace John Jay as chief justice. By then, Rutledge had become an outspoken opponent of the Jay Treaty, which sought to reduce tensions with England. A year after ratifying the treaty, the Senate voted down Rutledge's nomination.
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S Korea's Park questioned at court hearing on arrest request

Court Watch 2017/04/01 15:24   Bookmark and Share
South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power.

Live TV footage earlier showed a stern-looking Park entering the Seoul Central District Court building amid a barrage of camera flashes. She did not comment to reporters. The court is expected to decide by Friday morning whether to approve her arrest.

If the court approves the arrest warrant requested by prosecutors, Park will be immediately sent to a detention facility as prosecutors can detain her for up to 20 days before laying formal charges.

If the court rejects the arrest request, prosecutors can still indict and charge her.

Prosecutors accuse Park of colluding with a confidante to extort from big businesses, take a bribe from one of the companies and commit other wrongdoings. The allegations prompted millions of South Koreans to stage streets protests every weekend for months before the Constitutional Court ruled to dismiss her on March 10. Park's presidential powers had already been suspended after parliament impeached her in December.

It was a dramatic setback to Park, South Korea's first female president who rose to power four years ago amid conservatives' nostalgia for her late dictator father who is credited by supporters for pulling a war-torn country out of poverty in the 1960-70s. Liberal critics revile her father as a ruthless leader who tortured and imprisoned his opponents.

Earlier Thursday, hundreds of her supporters, mostly elderly conservative citizens, gathered near her Seoul home, waving national flags and chanting slogans when she left for the court.
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