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Senate confirms Barrett replacement on federal appeals court

The Senate has confirmed an Indiana prosecutor to replace Supreme Court Justice Amy Coney Barrett on a federal appeals court based in Chicago. Thomas Kirsch, who currently serves as U.S. Attorney for the Northern District of Indiana, will replace Barrett as a judge on the U.S. Court of Appeals for the 7th Circuit. Kirsch was confirmed Tuesday on a 51-44 vote. Three Democrats — Arizona Sens. Kyrsten Sinema and Mark Kelly and West Virginia Sen. Joe Manchin — voted for him in what was otherwise a party-line vote. Four Republican senators and Vice President-elect Kamala Harris did not vote. President Donald Trump named Kirsch as Barrett’s replacement before she was confirmed to the high court in October, and the Senate Judiciary Committee advanced his nomination last week. Kirsch graduated from Indiana University and earned his law degree from Harvard. Illinois Sen. Dick Durbin, who is expected to become the top Democrat on Judiciary in the next Congress, said Kirsch’s quick nomination and confirmation showed that Trump and Senate Republicans were intent on forcing through as many conservative judges as possible. “They have kept the nominations assembly line going,″ Durbin said. Sen. Todd Young, R-Ind., said Kirsch “is a man of character, he’s a man of integrity, and he believes in the rule of law.” Sen. Mazie Hirono, D-Hawaii, said Kirsch’s nomination is “further entrenching the lack of diversity that is characteristic of President Trump’s judicial nominees,” noting that the appeals court he will join is the only all-white federal appeals court in the country.

Supreme Court rejects Republican attack on Biden victory

The Supreme Court has rejected a lawsuit backed by President Donald Trump to overturn Joe Biden’s election victory, ending a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court and subvert the will of voters. Trump bemoaned the decision late Friday, tweeting: “The Supreme Court really let us down. No Wisdom, No Courage!” The high court’s order earlier Friday was a stark repudiation of a legal claim that was widely regarded as dubious, yet embraced by the president, 19 Republican state attorneys general and 126 House Republicans. Trump had insisted the court would find the “wisdom” and “courage” to adopt his baseless position that the election was the product of widespread fraud and should be overturned. But the nation’s highest court emphatically disagreed. Friday’s order marked the second time this week that the court had rebuffed Republican requests that it get involved in the 2020 election outcome and reject the voters’ choice, as expressed in an election regarded by both Republican and Democratic officials as free and fair. The justices turned away an appeal from Pennsylvania Republicans on Tuesday. On Monday, the Electoral College meets to formally elect Biden as the next president. Trump had called the lawsuit filed by Texas against Georgia, Michigan, Pennsylvania and Wisconsin “the big one” that would end with the Supreme Court undoing Biden’s substantial Electoral College majority and allowing Trump to serve another four years in the White House. In a brief order, the court said Texas does not have the legal right to sue those states because it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.” Justices Samuel Alito and Clarence Thomas, who have said previously the court does not have the authority to turn away lawsuits between states, said they would have heard Texas’ complaint. But they would not have done as Texas wanted — setting aside those four states’ 62 electoral votes for Biden — pending resolution of the lawsuit. Trump complained that “within a flash,” the lawsuit was “thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!” Three Trump appointees sit on the high court. In his push to get the most recent of his nominees, Justice Amy Coney Barrett, confirmed quickly, Trump said she would be needed for any post-election lawsuits. Barrett appears to have participated in both cases this week. None of the Trump appointees noted a dissent in either case. The four states sued by Texas had urged the court to reject the case as meritless. They were backed by another 22 states and the District of Columbia. Republican support for the lawsuit and its call to throw out millions of votes in four battleground states was rooted in baseless claims of fraud, an extraordinary display of the party’s willingness to countermand the will of voters. House Republican Leader Kevin McCarthy of California and Minority Whip Steve Scalise of Louisiana were among those joining to support the action. “The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters,” House Speaker Nancy Pelosi said Friday night.