The courts may have been a sleepy issue this time last week, but it’s got the country’s attention now. Last week, as I spoke to activists in South Carolina about the importance of the judicial branch in this presidential election, there was positive — but clearly intellectual — response. Now, in the six days since the death of Supreme Court Justice Antonin Scalia, Americans are getting a front row seat to what may be the most intense congressional showdown in a generation: his replacement.

In record time, both sides are shuffling the deck on their campaign priorities and redrawing the battle lines for a spring dominated by the Court. While Justice Scalia lies in repose in the great hall, advocacy machines have already “roared to life,” the New York Times acknowledged, pointing to FRC as one of the conservative groups gearing up to protect the constitutionalist’s legacy. On Tuesday, the White House rallied its closest allies on a conference call, where the president readied his troops for a nomination that would tighten the Left’s grip on the Court after he’s gone.

And while Democrats were eager to carry out his marching orders, the White House will have a tough time making its case to the American people — who remember President Obama’s own filibuster over Justice Samuel Alito. To them, it seems more than a little hypocritical that the White House would demand a quick hearing and vote, seeing as he failed to give that same courtesy to his predecessor. “He regrets the vote that he made,” White House Press Secretary Josh Earnest said, trying tamp down critics. “Frankly,” he went on, “looking back on it, the president believes that he should have just followed his own advice and made a strong public case on the merits about his opposition to the nomination that President Bush had put forward.”

It’s a convenient apology for a man desperate to protect his unconstitutional legacy. Now that the tables are turned, President Obama suddenly regrets his now-ironic 2006 insistence that the court needed to “provide some check on the executive branch, and [Alito] has not shown himself willing to do that repeatedly.” Years later, the president is in the market for a different kind of justice: one who will guard his two terms of lawlessness for as long as the lifetime appointment allows. No wonder GOP leaders are digging in their heels. After eight years of President Obama ignoring the law, the last thing America needs is a justice who does the same.

That’s why senators across the Republican spectrum welcome the president’s nomination — but make no bones about discarding it. “President Obama insists that he will nominate someone for the Court,” Senator Pat Toomey (R-Pa.) said. “He certainly has the authority to do so. But let’s be clear: his nominee will be rejected by the Senate.” Other senators in tight races this fall agree. With the polling on the president’s next move split down the middle (43 percent think the Senate should confirm; 42 percent disagree), the GOP is staking out a clear position.

And groups like Judicial Crisis Network are ready to back them on it. With a multi-million dollar campaign, “Let the People Decide,” launching this week, the group is going to bat for the senators determined to give voters a voice in the next justice. “In this first phase, we want to thank the U.S. Senators who say that the American people should decide who picks the next Supreme Court justice. The American people are fed up with Washington politicians, and the selection of the next justice is simply too important to leave to politics as usual. Give the people a voice. Let them decide in November what kind of Court they want.” So far, the ads have been tailored to some of the more vulnerable seats: Kelly Ayotte (N.H.), Chuck Grassley (Iowa), Ron Johnson (Wisc.), John McCain (Ariz.), Mitch McConnell (Ky.), Rob Portman (Ohio), and Pat Toomey (Pa.).

You, on the other hand, don’t have to spend seven digits to have an impact! Take advantage of Congress’s time at home this week by calling them and encouraging them to leave the decision in the next president’s hands.

Originally published here.

Prof Fit: Higher Ed Irked by Daleiden Case

You don’t have to be a conservative to worry about the implications of the suit against pro-lifer David Daleiden. Americans of all stripes continue to be amazed that the man who exposed Planned Parenthood’s wrongdoing is the one being treated like a criminal — not the organization responsible for selling baby body parts. A handful of self-described Planned Parenthood supporters are speaking out about the travesty, academics with very real concerns about the implications for free speech if the witch hunt against David continues.

The Washington Times highlighted some surprising comments from academics like University of Maryland professor Mark Feldstein, who had a message for his liberal counterparts: “Even though I support Planned Parenthood and do not share the politics of those going undercover, I think it’s unusual to prosecute when there’s a lack of intent to commit a crime, even when they’re not journalists.” Cornell University law professors Sherry Colb and Michael Dorf agreed, writing in a CNN op-ed that “[T]he criminal prosecution of Daleiden and [his associate], even if they did break the law, could chill undercover journalists and activists everywhere.” Despite their pro-abortion stance, they believe “the prosecution of these citizen journalists, however self-styled, deeply disturbing.” They went on, “We decry the national campaign of defamation that Daleiden and his political allies have unleashed against Planned Parenthood, but we also oppose efforts to criminalize undercover investigations, regardless of the investigators’ ultimate motives.” Feldstein echoed duo’s assessment and reminded people that “There have been other instances of undercover investigations, numerous ones, where these things happen and nobody was prosecuted.”

Fortunately, Tennessee Congressman Marsha Blackburn ® knows where the real blame lies — and she and her colleagues are determined to get to the bottom of it. As part of the select committee investigating Planned Parenthood, Blackburn announced that the House’s work was well underway with the issuing of three subpoenas to organizations caught on Daleiden’s videos engaging in potentially illegal activity. So far, the groups have been the only ones of 30 unwilling to cooperate, leaving Blackburn with little choice.

“We have been working diligently to acquire information that is needed to get the facts about the medical practices of abortion service providers and the business practices of the procurement organizations who sell baby body parts,” she explained. “While it was our hope that these organizations would voluntarily work with us in this effort, some have refused to cooperate by withholding information that is critical to providing us with answers to questions the American people are asking. Consequently, if forced to do so, we will issue subpoenas to any organization that refuses to fully cooperate with our investigation.” We applaud Chairman Blackburn and GOP leaders for moving the investigation forward and demanding the truth about Planned Parenthood’s grisly side business.

Originally published here.