Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues

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Publisher :
ISBN 13 : 9781437935899
Total Pages : 25 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues by : Denis Steven Rutkus

Download or read book Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues written by Denis Steven Rutkus and published by . This book was released on 2010-11 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Purposes of Committee Questioning and Range of Subjects Historically Covered; (3) Nominee Reticence Becomes the Norm: The Ginsburg Hearings, 1993; The Roberts Hearings, 2005; The Alito Hearings, 2006; The Sotomayor Hearings, 2009; (4) Elena Kagan¿s Position on Questioning Supreme Court Nominees: Praised the Bork Hearings, Criticized Others That Followed; Advocated Exploration of Nominee¿s 'Substantive Views¿; Made Distinction Between Expressing Views on Issues and Making Commitments; Statements Made in 2009 as Solicitor General Nominee; Observations on Whether Kagan Will, or Should, Express Views on Current Issues at Her Own Supreme Court Confirmation Hearing.

Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (114 download)

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Book Synopsis Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues by : Rutkus

Download or read book Questioning Supreme Court Nominees about Their Views on Legal Or Constitutional Issues written by Rutkus and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Questioning Judicial Nominees

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781727033915
Total Pages : 42 pages
Book Rating : 4.0/5 (339 download)

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Book Synopsis Questioning Judicial Nominees by : Congressional Research Service

Download or read book Questioning Judicial Nominees written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2018-09-06 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution vests the Senate with the role of providing "advice" and affording or withholding "consent" when a President nominates a candidate to be an Article III judge-that is, a federal judge entitled to life tenure, such as a Supreme Court Justice. To carry out this "advice and consent" role, the Senate typically holds a hearing at which Members question the nominee. After conducting this hearing, the Senate generally either "consents" to the nomination by voting to confirm the nominee or instead rejects the nominee. Notably, many prior judicial nominees have refrained from answering certain questions during their confirmation hearings on the ground that responding to those questions would contravene norms of judicial ethics or the Constitution. Various "canons" of judicial conduct-that is, self-enforcing aspirational norms intended to promote the independence and integrity of the judiciary-may potentially discourage nominees from fully answering certain questions that Senators may pose to them in the confirmation context. However, although these canons squarely prohibit some forms of conduct during the judicial confirmation process-such as pledging to reach specified results in future cases if confirmed-it is less clear whether or to what extent the canons constrain judges from providing Senators with more general information regarding their jurisprudential views. As a result, disagreement exists regarding the extent to which applicable ethical rules prohibit nominees from answering certain questions. Beyond the judicial ethics rules, broader constitutional values, such as due process and the separation of powers, have informed the Senate's questioning of judicial nominees. As a result, historical practice can help illuminate which questions a judicial nominee may or should refuse to answer during his or her confirmation. Recent Supreme Court nominees, for instance, have invoked the so-called "Ginsburg Rule" to decline to discuss any cases that are currently pending before the Court or any issues that are likely to come before the Court. Senators and nominees have disagreed about whether any given response would improperly prejudge an issue that is likely to be contested at the Supreme Court. Although nominees have reached varied conclusions regarding which responses are permissible or impermissible, nominees have commonly answered general questions regarding their judicial philosophy, their prior statements, and judicial procedure. Nominees have been more hesitant, however, to answer specific questions about prior Supreme Court precedent, especially cases presenting issues that are likely to recur in the future. Ultimately, however, there are few available remedies when a nominee refuses to answer a particular question. Although a Senator may vote against a nominee who is not sufficiently forthcoming, as a matter of historical practice the Senate has rarely viewed lack of candor during confirmation hearings as disqualifying, and it does not appear that the Senate has ever rejected a Supreme Court nominee solely on the basis of evasiveness.

Seeking Justices

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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.

Supreme Court Confirmation Hearings and Constitutional Change

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Publisher : Cambridge University Press
ISBN 13 : 1107039703
Total Pages : 313 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Supreme Court Confirmation Hearings and Constitutional Change by : Paul M. Collins

Download or read book Supreme Court Confirmation Hearings and Constitutional Change written by Paul M. Collins and published by Cambridge University Press. This book was released on 2013-06-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.

Supreme Court Confirmation Hearings in the U.S. Senate

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Publisher : University of Michigan Press
ISBN 13 : 0472119338
Total Pages : 175 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Supreme Court Confirmation Hearings in the U.S. Senate by : Dion Farganis

Download or read book Supreme Court Confirmation Hearings in the U.S. Senate written by Dion Farganis and published by University of Michigan Press. This book was released on 2014-03-24 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: How much do Supreme Court nominees reveal at their confirmation hearings, and how do their answers affect senators' votes?

Supreme Court Confirmation Hearings and Constitutional Change

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Publisher : Cambridge University Press
ISBN 13 : 1107276918
Total Pages : 313 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Supreme Court Confirmation Hearings and Constitutional Change by : Paul M. Collins

Download or read book Supreme Court Confirmation Hearings and Constitutional Change written by Paul M. Collins and published by Cambridge University Press. This book was released on 2013-06-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which 'We the People' take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf.

Supreme Democracy

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Publisher : Oxford University Press
ISBN 13 : 0190656980
Total Pages : 289 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Supreme Democracy by : Richard Davis

Download or read book Supreme Democracy written by Richard Davis and published by Oxford University Press. This book was released on 2017-06-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.

The Next Justice

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Publisher : Princeton University Press
ISBN 13 : 0691143528
Total Pages : 255 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Next Justice by : Christopher L. Eisgruber

Download or read book The Next Justice written by Christopher L. Eisgruber and published by Princeton University Press. This book was released on 2009-06-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

Supreme Court Appointment Process

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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.

The Real Clarence Thomas

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Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Real Clarence Thomas by : Christopher E. Smith

Download or read book The Real Clarence Thomas written by Christopher E. Smith and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2000 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Clarence Thomas is a controversial figure on the U.S. Supreme Court because of sexual harassment allegations raised against him during his 1991 Senate confirmation hearings. This study avoids unanswerable questions about Thomas's past by making a straightforward comparison of his confirmation testimony about his judicial philosophy against his subsequent judicial opinions. This comparison raises serious questions about Thomas's truthfulness during his sworn testimony before the Senate Judiciary Committee. Because the legitimacy of the courts depends on the integrity of the judges, the authors argue for increased consideration of impeachment if significant evidence indicates that judicial nominees intentionally deceived the Senate and the public about their views on law and public policy.

Supreme Disorder

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Publisher : Simon and Schuster
ISBN 13 : 1684510724
Total Pages : 242 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 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "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.

Confirmation Hearing on Federal Appointments

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Publisher :
ISBN 13 :
Total Pages : 738 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Confirmation Hearing on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Confirmation Hearing on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Political Question Doctrine and the Supreme Court of the United States

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Publisher : Lexington Books
ISBN 13 : 9780739112830
Total Pages : 290 pages
Book Rating : 4.1/5 (128 download)

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Book Synopsis The Political Question Doctrine and the Supreme Court of the United States by : Nada Mourtada-Sabbah

Download or read book The Political Question Doctrine and the Supreme Court of the United States written by Nada Mourtada-Sabbah and published by Lexington Books. This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.

Supreme Court Nominations

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Publisher : TheCapitol.Net Inc
ISBN 13 : 1587332248
Total Pages : 215 pages
Book Rating : 4.5/5 (873 download)

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Book Synopsis Supreme Court Nominations by : Denis Steven Rutkus

Download or read book Supreme Court Nominations written by Denis Steven Rutkus and published by TheCapitol.Net Inc. This book was released on 2009 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.

Supreme Bias

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Publisher : Stanford University Press
ISBN 13 : 1503636895
Total Pages : 344 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Supreme Bias by : Paul M. Collins Jr

Download or read book Supreme Bias written by Paul M. Collins Jr and published by Stanford University Press. This book was released on 2023-10-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.

Electing Justice

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Publisher : Oxford University Press
ISBN 13 : 0190292725
Total Pages : 224 pages
Book Rating : 4.1/5 (92 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. This book was released on 2005-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Davis discusses the increasing role of interest groups, the press, and the public, whose role is not prescribed in the Constitution, in the selection and confirmation of Supreme Court justices and how it affects the process. First he examines in detail the history and nature of the process, then he looks at the role and 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 and their prospects for success.