Robert Luther III
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Articles by Robert Luther III
The Senate's choice is clear: Confirm Todd Blanche or ignore the voters
The Senate Judiciary Committee is taking up Todd Blanche 's nomination to be attorney general of the United States. Having served as lawyers on that committee as well as for two different attorneys general appointed by President Donald Trump , we agree that he is exceptionally well-qualified to lead the Department of Justice. Blanche should be voted favorably out of the committee, allowing the Senate to promptly confirm him as attorney general.
The Senate’s choice is clear: Confirm Todd Blanche or ignore the voters
The Senate Judiciary Committee is taking up Todd Blanche‘s nomination to be attorney general of the United States. Having served as lawyers on that committee as well as for two different attorneys general appointed by President Donald Trump, we agree that he is exceptionally well-qualified to lead the Department of Justice. Blanche should be voted favorably out of the committee, allowing the Senate to promptly confirm him as attorney general.
Trump Birthright Citizenship View Rests on Originalism, Not Vibes Original
On April 1, the US Supreme Court will consider whether a clause in a Civil War amendment guarantees citizenship to children born in the US but whose immigrant parents entered or remained in this country without legal permission. History and common sense say no. Yet Trump v. Barbara will test how seriously the Roberts Court takes originalism when confronted with conventional wisdom and contemporary politics.
Right-Leaning Judges Should Learn From RBG, Ikuta and Retire Now Original
Federal judges are allegedly separated from politics, yet many of them still spend a great deal of time reflecting on their legacies as public officials. When Fox News’ Chris Wallace asked US Supreme Court Justice Antonin Scalia in a 2012 interview if he thought about retirement or a successor, Scalia replied: “Of course, I would not like to be replaced by someone who immediately sets about undoing everything that I’ve tried to do for 25 years, 26 years, sure.
The ethics complaint against Judge Emil Bove must be dismissed Original
On Dec. 9, Judge Emil Bove of the U.S. Court of Appeals for the Third Circuit was spotted at an event in northeastern Pennsylvania where President Trump was slated to speak on the economy. A reporter asked him why he was there, and Bove said he was “just here as a citizen coming to watch the President speak.” The reporter then tweeted out a photo of Bove seated quietly in the crowd. To normal people, this exchange was a non-event.
Why Sen. Blackburn is prepared to appoint TN's next judges | Opinion
Sen. Blackburn’s judicial picks outline the bench she’d build in Tennessee if elected governor. Robert Luther III Guest Columnist Dec. 16, 2025, 5:07 a.m. CT President Ronald Reagan famously said that “personnel is policy.” Some of the most important personnel and policy decisions the next Tennessee governor will make concern judiciary appointments to Tennessee courts. After all, judges ensure that streets remain safe and that property rights and individual liberties are protected.
Why Sen. Blackburn is prepared to appoint TN's next judges | Opinion Original
The next Tennessee governor will make important decisions regarding judicial appointments to state courts. U.S. Sen. Marsha Blackburn has played an influential role in recommending conservative judges to the federal bench in Tennessee. The author suggests Blackburn's past recommendations indicate she would appoint principled, conservative jurists to state courts if she were governor.
Charter-Cox Merger Is a Competitive Deal Too Good to Pass Up
It isn’t clear whether the US Department of Justice and the Federal Communications Commission will approve the proposed $34.5 billion merger Charter Communications Inc. and Cox Communications Inc. shareholders overwhelmingly supported last month. What’s clear is that they should. The deal is consistent with this administration’s antitrust objectives and protects US workers and competition—not Big Tech companies.
Emil Bove will be a great judge
President Donald Trump has nominated senior Department of Justice official Emil Bove to a judgeship on the U.S. Court of Appeals for the Third Circuit, an announcement that has ignited a firestorm of opposition across the political landscape — from the left about qualifications and consultation, and from the right regarding his overall fitness for the bench.
It’s Time for the Supreme Court to Kill Nationwide Injunctions Original
Perhaps the US Supreme Court was watching the Senate Judiciary Committee hearing for Brett Shumate to lead the Department of Justice’s civil division—and hopefully it liked what it heard. Sen. John Kennedy (R-La.) asked whether nationwide injunctions were lawful. Shumate correctly asserted there was no lawful basis for them in federal statutory or US Supreme Court precedent.
The judicial hubris of Chief Judge Boasberg
“Just who do we think we are?” Scoffing at the judicial hubris of the Supreme Court’s redefinition of marriage in Obergefell v. Hodges, Chief Justice John Roberts posed this rhetorical question in dissent. Chief Judge James Boasberg of the federal district court in Washington would do well to ask himself the same question, because the chief justice may soon be asking him directly.
Opinion - The judicial hubris of Chief Judge Boasberg
“Just who do we think we are?” Scoffing at the judicial hubris of the Supreme Court’s redefinition of marriage in Obergefell v. Hodges, Chief Justice John Roberts posed this rhetorical question in dissent. Chief Judge James Boasberg of the federal district court in Washington would do well to ask himself the same question, because the chief justice may soon be asking him directly.
How signing the JUDGES Act into law can help Biden’s judicial legacy Original
To date, President Joe Biden’s term has been a failure on judicial confirmations. Even with a Democrat Senate majority and significantly easier procedural rules — like no blue slips for circuit court nominees and no 30-hour rule — Biden has been unable to match the impact of Donald Trump’s historic 234 judicial confirmations in a single four-year term. Earlier this month, Biden further jeopardized his legal legacy by short-circuiting the justice system and pardoning his son, Hunter.
Joe Manchin's broken promise on judicial nominations
As a native of southwestern Pennsylvania, I have always paid close attention to the goings-on a few miles down the road in West Virginia. Senator Joe Manchin is the kind of man people in our community can easily relate to because he presents himself as a man who keeps his word. We will soon find out whether that is true. For now, there is cause for doubt. As Associate Counsel to the President in the Trump White House, my job was to help select judicial nominees who were committed constitutionalists.
Trump and Harris Must Clarify Position on Court Packing Prior to Election
by First Liberty Institute • 5 minutes At a CNN town hall on October 23, a voter asked Vice President Kamala Harris if she would be open to expanding the number of justices on the U.S. Supreme Court. Harris indicated openness to such a proposition, saying, “I do believe there should be some kind of reform of the Court.” During the 2020 election, Harris said she was “open” to court-packing.
Kamala Harris and Democrats will pack the Supreme Court if they win Original
In 2016, countless conservatives skeptical of Donald Trump voted for him anyway because the future of the Supreme Court was on the ballot. Now that concern is even more pressing. This election, more than Justice Antonin Scalia’s seat is up for grabs — the Supreme Court as we know it is at stake. At her CNN town hall, Kamala Harris was asked if she supported packing the Supreme Court with multiple additional justices in order to change its ideological composition. She declined to dismiss the idea.
Luther: Ted Cruz is champion for the Constitution and for judicial nominations – Rio Grande Guardian
Judicial nominations are the most important item on the ballot this election, so I am supporting Senator Ted Cruz. A respected lawyer and Supreme Court advocate in his own right, Senator Cruz helped President Trump appoint 231 federal judges—including three Supreme Court justices and 54 appellate judges. As Associate Counsel to the President in the Trump White House, my job was to help select judicial nominees who were committed constitutionalists.
On judicial nominations, Biden’s term has been a failure Original
This week President Biden announced a series of U.S. Supreme Court “reforms,” presumably to distract from the fact that his administration is failing on judicial nominations. Despite desperately seeking to appoint more judges than Donald Trump — who appointed three U.S. Supreme Court justices and 231 other life-tenured federal judges — Biden is unlikely to surpass Trump in quantity, and certainly in terms of jurisprudential impact.
Food, Drugs, Cosmetics, and Devices: Federal Regulatory Focus Areas in 2023
In Short The Situation: With the calendar officially turned to a new year several significant changes and regulatory initiatives are on the horizon at the Food and Drug Administration ("FDA"). The Result: From labeling guidance for alternative protein foods products, to implementation of cosmetic reform, to advancements in artificial intelligence, supply chain security, and digital health tools, 2023 is poised to be an active year at the FDA.
Expected State Attorney General Action In Response To Post-Election Environmental Policy Change
New Administration, New Focus on Environmental Policy As the Biden administration ("Administration") gets to work, many companies will be keeping a close eye on shifting policy at the federal level. However, activity at the state attorney general level may prove just as, if not more, impactful to businesses in the coming months and years.
Expected State Attorney General Action in Response to Post-Election Environmental Policy Change | JD Supra
In Short The Situation: With a new federal administration committed to expansive environmental policy change, a wave of state attorney general environmental action is likely also on the horizon. The Result: As new environmental initiatives rollout, state attorneys general will likely become more active in challenging or supporting proposed regulatory changes. While some of this activity may fall along party lines, some will be bipartisan.
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