The Case for Judge Bridget Bade
September 22, 2020 (1y ago)

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Fox News isn’t even including Judge Bridget Shelton Bade’s photograph in their frequent on-air lineups of the supposed frontrunners to replace Justice Ruth Bader Ginsburg. That’s a terrible oversight, because Judge Bade is not only in the running and rapidly amassing support, she is the best choice President Trump could make.

This pick is about more than simply getting one of the many strong options from President Trump’s shortlist on the Court. There is, notably, a powerful current of conservative enthusiasm behind Judge Amy Coney Barrett. As we’ve written here at Revolver, Judge Barrett is an extraordinary woman and exemplary conservative jurist. She would make a great Supreme Court Justice, but she is simply not the ideal nominee for this political moment. Amy Coney Barrett may appear to promise the shock we all know the system deserves, but her nomination risks reframing the precarious Trump reelection effort from a winning battle over law and order, immigration, and left-wing political violence to a messy and poorly timed slog through well-worn battles that would be better and more effectively fought after Trump wins re-election. 

Roe v. Wade was incorrectly decided on a foundation of bogus constitutional principles invented practically from whole cloth to justify profound moral and social ills. Convincing Americans, 70 percent of whom oppose overturning Roe, of that is a just and admirable goal. Revolver News intends to play an active role in this important effort. It’s just not one we can accomplish in seven weeks as we also try to get a president reelected and a justice confirmed to the Supreme Court. That is a fight Democrats desperately want to play out as millions of early voters go to the polls and one we want to have two years from now in the middle of Trump’s second term.

In Bridget Bade, President Trump has the opportunity to nominate a true daughter of the key swing state of Arizona, born, raised and educated in the Grand Canyon State and embodying its traditional Southwestern values of law, order, liberty, and sovereignty on the border. Not only does that fit perfectly with the current state of the campaign, it significantly lightens the lift of getting the Supreme Court vacancy filled quickly. The same Senate we have now already confirmed Bade to her current seat on the Court of Appeals for the Ninth Circuit by a vote of 78-21 — more Democrat votes for than against — and courted almost none of the controversy Barrett and others on the shortlist did in their confirmations. 

Here’s the kicker: Judge Bade is not a compromise choice. She’s not some softie “establishment GOP type” liable to go the way of David Souter or John Paul Stevens after a few trips to opera at the Kennedy Center. While extraordinarily well qualified — cum laude from Arizona State Law, clerk for eminent Reagan-appointed Judge Edith Jones of the Fifth Circuit, DOJ Honors during Bill Barr’s first stint as Attorney General, and elected member of the prestigious American Law Institute — she’s no ivory tower academic. Bade is not another “conservative legal movement” darling, haunting the pages of law reviews with elegant solutions to novel questions of administrative law. She’s not even a member of the Federalist Society.

What Judge Bade is is nothing but the genuine article: a no-nonsense, read-it-how-its-written, law and order jurist in the proudest tradition of the old Southwest, and in the very same spirit of President Trump’s America First campaign.

You don’t have to take our word for it. Bade’s solidness is written indelibly in her record from the earliest days of her career.

One would expect a former federal prosecutor in Arizona to be tough on criminals, and Bade is. In her short time on the Ninth Circuit, she wrote a strong opinion refusing to expand the already out-of-control Miranda Rights doctrine and dissented from a decision that left in place restrictions on searching for child pornography at border crossings.

You’re worried about the Second Amendment? Don’t be. Bade cut her teeth in the chambers of the Honorable Edith Jones, a gun rights stalwart who was finding federal full-auto bans unconstitutional when District of Columbia v. Heller wasn’t even a twinkle in Justice Scalia’s eye. It also bears mentioning that, while she’s never ruled in an abortion case, there is nothing in Bade’s record that would suggest she’s soft on life issues.

It is on immigration, the defining issue of the Trump era, that Bade truly sets herself out from the pack. When she was still an assistant United States attorney, Bade won a commendation from the U.S. Border Patrol after she successfully defended them from two massive lawsuits from illegal border crossers who crashed their cars while trying to escape pursuing agents.

In her year and half as an appellate judge, she’s outdone not only herself, but virtually everyone on the federal bench, and she’s done it in the most liberal circuit in the country. On three separate occasions, Bade’s lone dissent has stood for enforcing immigration laws as written and refused to go along with her colleagues on the Ninth Circuit as they caved to the open borders lawfare designed to undermine them. In Vo v. Barr, Bade would have forbidden failed asylum seekers from appealing their orders of removal with claims of sexual abuse they didn’t even mention before they lost their cases in the immigration courts. In Gonzalez v. ICE, Judge Bade sought to stop the ACLU and other open borders groups from attacking ICE’s database for issuing “detainer” orders to keep illegal aliens arrested for other crimes in jail until they can be taken into ICE custody.

Bade’s most important immigration dissent, however, came in Padilla v. ICE. From the moment President Trump took office, liberal lower court judges have thrown a wrench in almost every effect he has taken to get America’s immigration system under control, frequently issuing “nationwide injunctions” that block Trump policies everywhere in the country without even conducting a trial. Open borders groups know they only need to find one sympathetic judge and they can hold up desperately needed measures for years, often forcing the government to let in thousands of illegal aliens while the cases drag on. Padilla was exactly one such case. Groups like the “Northwest Immigrant Rights Project” convinced a single district court judge to force every immigration facility in the country to grant bail hearings for asylum seekers within seven days, effectively re-instituting “catch and release” by judicial fiat. Judge Bade went against the two other judges on her appellate panel and forcefully argued that the plain language of the statute in question prohibited nationwide injunctions like this.

With a record like this, it’s no wonder Judge Bade is quickly picking up steam among America First activists, but there is some opposition on the right. One line of argument we’ve seen uses Bade’s very confirmability against her. “Anyone who could get half the Senate Democrats to vote for her,” the argument goes, “can’t be trusted.”

In Judge Bade’s case, the argument doesn’t hold up. She has all the right enemies. The Alliance for Justice, the liberal legal group that’s been “Borking” strong conservative nominees since Robert Bork, has been skeptical of Bade since day one and has kicked their attacks into overdrive since Bade joined to the SCOTUS Shortlist. Even “People for the American Way,” the Soros-funded front group behind the dox site “Right Wing Watch,” went out of their way to post a hit piece about Bade on their blog last year.

The point is not that selecting Judge Bade will stop the Democrats from getting ugly, going low, and doing everything in their power to vote down Trump’s third Supreme Court pick. Of course they’re going to do that, whoever the nominee is. The point is that picking Bade may prevent Democrats from simultaneously kicking off a cultural holy war that will energize their base at a time when their nominee couldn’t excite a gorilla out of a wet paper bag, draw moderate pro-choice white woman to their side, add nothing to the already sky-high enthusiasm among social conservatives, and maybe cost President Trump the election.

Right now, this election is about riots, lawlessness on the border and in our cities, and Democratic complacency in the face of criminality. That’s an election we can win among conservatives, moderates, white women, Hispanics — everyone. Nominating Judge Bridget Shelton Bade is the perfect vehicle to keep it that way while getting a rock-solid justice on the Supreme Court for decades to come.

Revolver News is dedicated to news aggregation and analysis. While we greatly respect and admire Matt Drudge, the Drudge Report no longer has its finger on the pulse of America. We aim to fill that void, and much more. We are dedicated to providing Americans of all backgrounds and political persuasions with timely, common-sense, accurate and compelling information. Be sure to check out our news feed.

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1 year ago

I’m not Bridget Bade but I approve this post.

1 year ago

I didn’t realize revolver was pro-abortion? That’s your message right?

1 year ago
Reply to  Dave

There’s no reason to believe she is pro-abortion. Maybe you’d prefer someone with FedSoc credentials on par with those of John Roberts. Or a Catholic, like Anthony Kennedy.

1 year ago
Reply to  femalejudge

That’s the point. Can’t be too careful after those examples.

Gus diAngelo
1 year ago
Reply to  Dave

Donald Trump and Mike Pence are the most pro-life president and VP in American history. Doing anything that will get him replaced with Joe Biden and Kamala Harris is the most pro-abortion thing you could do.

1 year ago
Reply to  Gus diAngelo

Trump has already done irreparable damage to SCOTUS with Gorsuch and Kavanaugh, both of whom have been huge disappointments, especially trans-rights-Gorsuch. As has already been pointed out, conservatives have been betrayed repeatedly by their “conservative” Justices. Bush appointee Roberts gave us Obamacare, and Kennedy, a Reagan appointee, gave us gay “marriage” when he provided the majority vote on Obergefell vs. Hodges. Liberal justices appointed by Democrat presidents never waver. When was the last time a liberal justice broke the tie in a landmark case of such import as the Affordable Health Care Act or Gay Marriage? Ya gotta hand it to the left wing of SCOTUS, they are ideologically consistent. If Amy Coney Barrett is confirmed who cares if it costs Trump the election. She could be on the court for decades to come, long after Trump and Pence are off the political stage.

1 year ago
Reply to  John

Well said, John. I have said before in other venues that much of what the “Republicans” complain about was created by members of their own party, and then weaponized by the Democrats. In other words, the sword is forged by Republicans, and then wielded against the people by the Democrats.

Julia Hovey
1 year ago
Reply to  Dave

I didn’t read it that way; rather, she hasn’t been involved in any such cases, so there’s no record for liberals to attack her on. That also represents less of a risk to the re-election of our President. On the other side, she has demonstrated a resistance to legislating from the bench. I believe if she were presented with the complete backstory about Roe vs Wade, she would rule against it, if only because it represents a significant case of judicial overreach based on fraudulent evidence.

I personally am ambivalent; a strong pro-life candidate would secure Trump’s promise as a pro-life President, but it could also alienate independent women who might support the right to an abortion even if they oppose the radical extent to which it has been pushed by liberals.

1 year ago
Reply to  Dave

I’m sure Trump is going to vet any judge on ending the abortion genocide. He’s the most pro-life President ever and this isn’t 2018 Trump anymore. We’ve got that 2016 energy back.

1 year ago
Reply to  Dave

Are you as stupid as you just pretended to be?

Dean G
1 year ago

I believe it is long past due for the Supreme Court to rule on birthright citizenship and the 14th amendment. Before sending forth a nominee, the President would do well to know where each judge stands on this issue.

As for Judge Bade being from Arizona, it would do little to nothing to help him win the state as the majority of people residing here have moved from somewhere else, particularly CA, OR, and WA, in recent years with no allegiance to the state or its’ history.

The msm will make this about Roe v Wade no matter who he picks. Perhaps with Judge Barrett they will have more details to pick away at but either candidate will be ridiculed and abused by the left.

Mark Racic
1 year ago

I like her a lot but she has limited experience in the 9th Circuit being appointed there only last year. She has great value in reforming the 9th. Perhaps late in the Trump 2nd term, she would be a choice to replace another retiring or deceased Justice.

1 year ago

Every appointee from trump has basically been a liberal.

1 year ago
Reply to  Ben

Lol, I myself was never a fan of Kavanaugh, but I didn’t appreciate the way his confirmation was turned into a nasty circus.

1 year ago

It may be that Bade is the better jurist than Barrett, but the premise that Barrett is electoral sabotage is weak.

Mike McCracken
1 year ago

Has she ruled on the riots or BLM/Antifa Fascism?

1 year ago

I like Revolver’s endorsement of Bade and appreciate the analysis. Something to consider and look into. I don’t so much care about “experience”. We have too much “experience” in all branches of government (Trump excepted) and look where it’s gotten us. Whoever gets the nom has to be tough and able to come out swinging when the commies attack.

Sofonisba Anguissola
1 year ago

From a conservative, Libertarian (with the philosophical exception of being against birth control and for as many babies as God grants) wife, homemaker, mother of 11 and grandmother of 16, professional cellist, certified yoga instructor, skeet-shooter, Lutheran Sunday School teacher, ballroom and belly dancer, and classical educator: Women are NOT monolithic!

“Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.“
~John Quincy Adams

1 year ago

I didn’t realize John Adams wife was a belly dancer. I need to pay closer attention.

Brooklyn Dave
1 year ago

I appreciate this article very much. Helps clarify a lot. You mentioned Judge Bade’s connection with Judge Edith Jones. Was Jones the black libertarian/conservative justice on the DC Circuit? I remember hearing good things about her. As per Judge Coney-Barrett, the NY Times published an article on her religious affiliation with a Catholic Charismatic group. Interesting points here and there, but I know that Catholo-phobia is one of the few phobias allowed in our politically correct society today. Barrett would be attacked no matter what flavor of Catholic she was.

1 year ago

We elect politicians to elect judges who will say that Roe wasn’t well-reasoned. We don’t elect politicians to elect judges who will keep the said politicians employed.

1 year ago

These are all good points, but they apply even more so to Barbara Lagoa. We need to WIN. If we keep the presidency and the senate, then we can save Judges Bade and Barrett as replacements for Justices Alito and Thomas, both of whom, rumor has it, will jump ship if Republicans lose either of those institutions. Also, Judge Bade is much older than I’d like. In fact, Judge Barrett is also a bit too old. Look at Judge Allison Rushing. She’s 38!

1 year ago

Good piece, good argument for Bade. I would rather see Barret’s beliefs described as a Natural Law adherent than a Catholic.

1 year ago

This is disingenuous. If you believe 70% of the US agree with Roe v Wade you might as well accept that Biden will win decisively and that gay and trans rights are extremely popular in the US. This website will probably eclipse Druge but you will ruin your hard work if she is nominated and then cucks on the abortion question.

1 year ago

So when do we go for the fight? You indicate that Barrett will result in a culture war fight that will incense the Democrat base. But don’t you think that Bade will generate the same culture war attacks by dems to stimulate their base? …I know that becoming tactical in this pick regarding what dems may do makes the choice an automatic loss for Republicans. We should never cower from the Dems and do their bidding in order to avert their ire. Barrett is very smart and she is unconventional in her opinions and thinking while being humble yet unafraid of challenges by her others. Bade is more simple, straightforward and a law and order justice. Thus Bade is NOT going to challenge the status quo on SCOTUS.

1 year ago

Connie Conehead Bryant will be the downfall of Trump, if he picks her.

Judge Bade has been outstanding there in the Circuit on Arizona. Certainly the best choice.

Terry Elliott
1 year ago

After all of the apparently well earned kudos from what I read – why is it we’ve never heard of her before – this moment for me, an Arizonan since 1967? One bit of hope – I am certain Pres Trump will be re-elected despite the inevitable cheating by the demonratz. He may have opportunity to name yet another SCOTUS Justice. We should hear much more of this woman!!

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