Judicial Nominations

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Supreme Disorder

Author : Ilya Shapiro
Publisher : Simon and Schuster
ISBN 13 : 1684510724
Total Pages : 256 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis Supreme Disorder by : Ilya Shapiro

Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Advice and Consent

Author : Lee Epstein
Publisher : Oxford University Press
ISBN 13 : 0195345835
Total Pages : 193 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Advice and Consent by : Lee Epstein

Download or read book Advice and Consent written by Lee Epstein and published by Oxford University Press. This book was released on 2005-09-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.

Strategic Selection

Author : Christine L. Nemacheck
Publisher : University of Virginia Press
ISBN 13 : 9780813927435
Total Pages : 204 pages
Book Rating : 4.9/5 (274 download)

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Book Synopsis Strategic Selection by : Christine L. Nemacheck

Download or read book Strategic Selection written by Christine L. Nemacheck and published by University of Virginia Press. This book was released on 2007 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.

Electing Justice

Author : Richard Davis
Publisher : Oxford University Press on Demand
ISBN 13 : 0195181093
Total Pages : 222 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Electing Justice by : Richard Davis

Download or read book Electing Justice written by Richard Davis and published by Oxford University Press on Demand. This book was released on 2005-03-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Davis offers an illuminating tour of the current confirmation process, discussing the increasing role of interest groups, the press, and the public in the selection of Supreme Court Justices. First he examines in detail the history and nature of the process, then he looks at the impact of other players. His conclusions about how non-political actors affect the outcome of Supreme Court Justice selection leads him at the end of his book to suggest controversial reforms.

Nixon's Court

Author : Kevin J. McMahon
Publisher : University of Chicago Press
ISBN 13 : 0226561216
Total Pages : 358 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Nixon's Court by : Kevin J. McMahon

Download or read book Nixon's Court written by Kevin J. McMahon and published by University of Chicago Press. This book was released on 2011-09-19 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Report of the Special Committee on Nominations for Judicial Offices in the City of New York

Author :
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Report of the Special Committee on Nominations for Judicial Offices in the City of New York by :

Download or read book Report of the Special Committee on Nominations for Judicial Offices in the City of New York written by and published by . This book was released on 1881 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Appointment Process for U.S. Circuit and District Court Nominations

Author : Congressional Research Service
Publisher : CreateSpace
ISBN 13 : 9781503006805
Total Pages : 48 pages
Book Rating : 4.0/5 (68 download)

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Book Synopsis The Appointment Process for U.S. Circuit and District Court Nominations by : Congressional Research Service

Download or read book The Appointment Process for U.S. Circuit and District Court Nominations written by Congressional Research Service and published by CreateSpace. This book was released on 2014-10-22 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee. The need for a President to make a circuit or district court nomination typically arises when a judgeship becomes or soon will become vacant. With almost no formal restrictions on whom the President may consider, an informal requirement is that judicial candidates are expected to meet a high standard of professional qualification. By custom, candidates who the President considers for district judgeships are typically identified by home state Senators if the latter are of the President's party, with such Senators, however, generally exerting less influence over the selection of circuit nominees. Another customary expectation is that the Administration, before the President selects a nominee, will consult both home state Senators, regardless of their party, to determine the acceptability to them of the candidate under consideration. In recent Administrations, the pre-nomination evaluation of judicial candidates has been performed jointly by staff in the White House Counsel's Office and the Department of Justice. Candidate finalists also undergo a confidential background investigation by the FBI and an independent evaluation by a committee of the American Bar Association. The selection process is completed when the President, approving of a candidate, signs a nomination message, which is then sent to the Senate. Once received by the Senate, the judicial nomination is referred to the Judiciary Committee, where professional staff initiate their own investigation into the nominee's background and qualifications. Also, during this pre-hearing phase, the committee, through its “blue slip” procedure, seeks the assessment of home state Senators regarding whether they approve having the committee consider and take action on the nominee. Next in the process is the confirmation hearing, where judicial nominees engage in a question and answer session with members of the Judiciary Committee. Questions from Senators may focus, among other things, on a nominee's qualifications, understanding of how to interpret the law, previous experiences, and the role of judges.

The Nominee

Author : Leslie H. Southwick
Publisher : Univ. Press of Mississippi
ISBN 13 : 1617039128
Total Pages : 346 pages
Book Rating : 4.6/5 (17 download)

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Book Synopsis The Nominee by : Leslie H. Southwick

Download or read book The Nominee written by Leslie H. Southwick and published by Univ. Press of Mississippi. This book was released on 2014 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A firsthand account of the murky, faith-straightening processes by which federal judges are confirmed

Shortlisted

Author : Hannah Brenner Johnson
Publisher : NYU Press
ISBN 13 : 1479811963
Total Pages : 325 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Shortlisted by : Hannah Brenner Johnson

Download or read book Shortlisted written by Hannah Brenner Johnson and published by NYU Press. This book was released on 2022-02-15 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Next Generation Indie Book Awards - Women's Nonfiction Best Book of 2020, National Law Journal The inspiring and previously untold history of the women considered—but not selected—for the US Supreme Court In 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.

Seeking Justices

Author : Michael Comiskey
Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Seeking Justices by : Michael Comiskey

Download or read book Seeking Justices written by Michael Comiskey and published by . This book was released on 2004 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process—in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century Supreme Court justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We have now seen the longest period without a turnover on the Court since the early nineteenth century, making inevitable the appointment of several new justices following the 2004 presidential election. Thus, the timing of the publication of Seeking Justices could not be more propitious.

Judicial Nominations

Author : Neal Devins
Publisher : Routledge
ISBN 13 : 1136775676
Total Pages : 474 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Judicial Nominations by : Neal Devins

Download or read book Judicial Nominations written by Neal Devins and published by Routledge. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman’s substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Critical Judicial Nominations and Political Change

Author : Christopher Smith
Publisher : Praeger
ISBN 13 : 0275945677
Total Pages : 0 pages
Book Rating : 4.2/5 (759 download)

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Book Synopsis Critical Judicial Nominations and Political Change by : Christopher Smith

Download or read book Critical Judicial Nominations and Political Change written by Christopher Smith and published by Praeger. This book was released on 1993-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith introduces a new concept, critical judicial nominations, to advance scholars' understanding of the consequences of the federal nomination process for the Supreme Court and the American political system. The study suggests that specific events related to the judicial branch, namely critical judicial nominations, have significant unanticipated consequences for the Supreme Court's role in the political system, as well as for electoral politics. This is demonstrated in illustrative historical examples which, most importantly, include an in-depth case study of the Clarence Thomas nomination and its subsequent ramifications.

Department of Justice Nominations

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Department of Justice Nominations by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Department of Justice Nominations written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1969 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

U.S. Circuit and District Court Nominations

Author : Eileen G. Wiseman
Publisher :
ISBN 13 : 9781629489360
Total Pages : 0 pages
Book Rating : 4.4/5 (893 download)

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Book Synopsis U.S. Circuit and District Court Nominations by : Eileen G. Wiseman

Download or read book U.S. Circuit and District Court Nominations written by Eileen G. Wiseman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which lower federal court judges are nominated by the President and considered by the Senate has, in recent decades, been of continuing interest to Senators. During recent Senate debates over judicial nominations, differing perspectives have been expressed about the relative degree of success of a Presidents nominees in gaining Senate confirmation, compared with nominees of other recent Presidents. This book provides a statistical analysis of nominations to US circuit and district court judgeships during the first terms of President Obama and his four most recent predecessors.

Judicial Nominations, Filibusters, and the Constitution

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Judicial Nominations, Filibusters, and the Constitution by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights

Download or read book Judicial Nominations, Filibusters, and the Constitution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights and published by . This book was released on 2003 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Supreme Court Appointment Process

Author : Denis S. Rutkus
Publisher : DIANE Publishing
ISBN 13 : 1437931790
Total Pages : 63 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Supreme Court Appointment Process by : Denis S. Rutkus

Download or read book Supreme Court Appointment Process written by Denis S. Rutkus and published by DIANE Publishing. This book was released on 2010-08 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.

Appointment and Nomination of Supreme Court Justices

Author : Ilka Kreimendahl
Publisher : GRIN Verlag
ISBN 13 : 3638371301
Total Pages : 32 pages
Book Rating : 4.6/5 (383 download)

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Book Synopsis Appointment and Nomination of Supreme Court Justices by : Ilka Kreimendahl

Download or read book Appointment and Nomination of Supreme Court Justices written by Ilka Kreimendahl and published by GRIN Verlag. This book was released on 2005-04-26 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2002 in the subject American Studies - Culture and Applied Geography, grade: 1,0 / A, University of Kassel, course: Amerikanische Entwicklung im Spiegel ausgewählter Entscheidungen des Supreme Court, 13 entries in the bibliography, language: English, abstract: “Equal Justice Under Law” – this inscription is written above the main entrance of the Supreme Court building, proclaiming that every case and individual will be judged according to the same principles. Members of the court have the duty to come to a decision, which is free of personal and also political influences, a task that requires numerous virtues, among them independence, incorruptibility, and the self-confidence to apply new methods that might alter the country. Accordingly, the work of a Supreme Court justices makes high demands on a person and it is doubtful that any judge would be able to fulfill them. Yet from which point of view are these extraordinary individuals selected? And who has a right of codetermination in the appointment process? Since the Supreme Court is a major policy maker in the U.S, the appointments of the justices have a great impact on the future of the country. Consequently, the nominations are fundamental to a number of people, organizations and interest groups, as possible future decisions of the tribunal might transform society and American life. This paper will investigate the selection and nomination process of Supreme Court justices and the factors playing a role in the background. Beginning with an historical overview, we will take a closer look at the legal foundation and the early stages of the newestablished court. The second part attends to the qualification of justices and their ensuing appointment, also taking into consideration the various demographic factors that might influence a selection nowadays. Subsequently, the focus will be on interest groups and other society-relevant organizations, which take an interest in the tribunal and concentrate their attentio n on the selection of justices who are of importance to them. Finally, the thesis will go into the role presidents play in the selection procedure and to conclude I will summarize the results that follow from this work.