Recommended Readings

2/15/2017 – Neil Gorsuch could be the most conservative justice on the Supreme Court
Last week, President Trump pleased conservatives when he nominated Neil Gorsuch to the United States Supreme Court. He looks to have made good on his promise to appoint a conservative justice to the Court. Court watchers are now left to wonder: how conservative will Gorsuch be? Our analysis suggests that if confirmed, Gorsuch might be the most conservative justice on the Supreme Court. read full story

Statement of Sen. Coons (D-Del.): The larger issue here is that judicial independence is at risk

2/10/2017 – Charles Schumer: Judge Gorsuch, We Won’t Be Fooled Again
Just three weeks in, the Trump administration has tested the limits of executive power, violated the separation of powers and shaken the very roots of the Constitution. A particular theme of President Trump’s first days in office has been contempt for the judicial branch as a check on his authority: He criticized individual judges, preemptively blamed them for all future terrorist attacks and ridiculed the court system as “disgraceful.” read full story

2/9/2017 – The Tricky Politics of Neil Gorsuch and President Trump’s Insults to Judges
Neil Gorsuch‘s road to the Supreme Court was always going to be tricky. Nominated by a man who has personally attacked judges when he’s worried they won’t agree with him, Gorsuch was going to have to tiptoe around President Donald Trump‘s disregard for judicial independence. But when Gorsuch spoke out against Trump’s judicial criticism during private meetings — and the President fired back on Twitter — it showed the stakes of the game on both sides. read full story

2/8/2017 – Key outside groups in the upcoming Supreme Court confirmation process
Shortly after President Donald Trump nominated Judge Neil Gorsuch to the Supreme Court, opponents of the nomination gathered outside the courthouse for a demonstration organized by several left-leaning interest groups, including the Alliance for Justice, the Center for American Progress, People for the American Way, the Leadership Conference, Planned Parenthood, and NARAL Pro-Choice America. read full story

2/6/2017 – President Trump’s Real Fear: The Courts

When President Trump doesn’t get what he wants, he tends to look for someone to blame — crooked pollsters, fraudulent voters, lying journalists. Anyone who questions him or his actions becomes his foe. Over the past few days, he’s added an entire branch of the federal government to his enemies list.

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2/7/2017 – Neil Gorsuch Needs 60 Votes
In a little more than two weeks, President Donald Trump has put an unprecedented strain on the Constitution. He’s unleashed a flurry of legally dubious executive orders, including his travel ban designed to keep people from seven majority-Muslim countries from entering our country. read full story

2/6/2017 – Gorsuch Nomination Puts Spotlight on Agency Powers
The nomination of Judge Neil M. Gorsuch to the Supreme Court raises the question about how his judicial philosophy might affect issues related to the investigation and prosecution of white-collar crime. Of course, one new justice — assuming approval by the Senate — will not necessarily change how the court rules. read full story

https://www.nytimes.com/2017/02/06/us/politics/neil-gorsuch-trump-supreme-court-nominee.html – How Trump Chose His Supreme Court Nominee
Judge Neil M. Gorsuch’s road to a Supreme Court nomination included stops at a fancy law firm conference room, the dreary basement of a government office building, President Trump’s gilded penthouse in Trump Tower, the White House’s Lincoln Bedroom and a ride on a military jet. read full story

2/6/2017 – Reading Between the Lines for Gorsuch’s Views on Abortion
Some of the current members of the Supreme Court had written books before they were nominated. Remember “Civil Procedure in Sweden,” by Justice Ruth Bader Ginsburg? Or “Regulation and Its Reform,” by Justice Stephen G. Breyer? read full story

2/4/2017 – Gorsuch is no friend of Trump’s forgotten people
At his inauguration, Donald Trump promised that the forgotten people of this country would be forgotten no more. He has already broken that promise with his first Supreme Court nominee. Judge Neil Gorsuch has a record of denying relief to the most vulnerable and forgotten people in our country. read full story

2/3/2017 – Before the Gorsuch Hearings: Originalism and Textualism Hide Ideological Judgments Behind Claims of Objectivity
Now that President Trump has nominated Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit to the Supreme Court, we will be hearing a lot about the proper role of a Supreme Court justice. In introducing Judge Gorsuch, for example, Trump said that he had sought a nominee who would “interpret [the Constitution and laws] as written.” Praising Trump’s choice, Sean Hannity noted that Trump was fulfilling his promise to appoint someone who would “strictly adhere to the original meaning of the words of the Constitution” and claimed that Gorsuch is not someone who will “legislate from the bench.” read full story

2/2/2017 – The Most Important Questions for Trump’s Justice Are About Democracy
Let me stipulate some important things at the outset. First, Judge Neil Gorsuch, from every indication, is a fine man, a fine judge, and would be a fine colleague for the eight Justices now on the Court. Jack Goldsmith of Harvard, a man of terrific judgment, tweeted last night that “Neil Gorsuch is immensely qualified for the Supreme Court -- an outstanding lawyer, and judge, and person.” read full story

1/31/2017 – The Irony of President Trump’s Supreme Court Nomination: Undermining the Rule of Law
Tonight, President Trump announced his nomination to the Supreme Court. In doing so, he ratified the inappropriate actions taken by Sens. McConnell, Grassley and others in the Republican Party who refused to give a confirmation hearing to the bi-partisan endorsed and highly credentialed nominee of President Obama, Judge Merrick Garland, Chief judge of the Court of Appeals for the D.C. Circuit. read full story

2/1/2017 – Gorsuch is to the Right of Scalia on the “Chevron Doctrine”—Here’s Why it Matters
In preliminary looks at the record of Neil Gorsuch, President Trump’s nominee to the Supreme Court, reports have already suggested that he is more conservative than Justice Scalia was on the so-called Chevron doctrine. Sounds like a technical issue just for lawyers, right? Not so. read full story

1/26/2017 – How to kill a Supreme Court nomination
Derailing a president's choice for the US Supreme Court is difficult. But it has happened eight times in the last half-century, through the kind of Senate combat that led to the 1987 defeat of Robert Bork and administration missteps like the 2005 case of Harriet Miers. read full story

1/20/2017 – How President Trump will shape the federal courts
Appointments to the federal bench are often one of a president’s most significant and most lasting legacies. President Obama appointed more than 300 judges to the federal bench, altering the balance of several federal appellate courts during his eight years in office. read full story

1/13/2017 – Confirm Inga Bernstein for the District of Massachusetts
On July 30, 2015, President Barack Obama nominated Inga Bernstein, a longtime private practitioner, for a judicial vacancy on the District of Massachusetts. Bernstein is a well qualified, mainstream nominee who enjoys the powerful support of Massachusetts Democratic Sens. Elizabeth Warren and Ed Markey. read full story

1/10/2017 – Can Trump’s Supreme Court Pick Be ‘Borked’?
It’s challenging, to say the least, to think of Senate Minority Leader Chuck Schumer as a bulwark against Donald Trump’s plans to place a clone of the late Antonin Scalia on the Supreme Court to fill the panel’s vacant ninth seat. Yet that, in effect, is how Schumer described himself and his colleagues in an interview on January 3rd with Rachel Maddow on MSNBC. read full story

1/1/2017 – Will Grassley pick up speed on Trump nominees?
Chuck Grassley is known for his impressive work ethic, for tirelessly answering questions at town halls and for never missing a Senate vote in 23 years. But, our senior senator has hardly been productive in approving judicial nominees as chairman of the Senate Judiciary Committee. read full story

12/13/2016 – U.S. Senate should act on court nominees
With the election of Donald Trump, there appears to be an assumption in many corners that the unprecedented Republican obstruction of Supreme Court nominee Merrick Garland and numerous other Obama nominees to the federal judiciary has somehow been validated. This assumption is wrong for several reasons. read full story

12/11/2016 – While gridlock grinds in Washington, justice suffers in Idaho
To procrastinate is human, but to really lose track of progress and what is right requires a concerted and warped federal government hell-bent on deferring to the politics of gridlock in lieu of justice. read full story

Confirm Gary Richard Brown for the Eastern District of New York
On July 30, 2015, President Barack Obama nominated Gary Richard Brown, who has been a U.S. Magistrate Judge in the Eastern District of New York since 2011, for a vacancy on that court. read full story

12/8/2016 – Under Trump, the Federal Courts Will Be Up For Grabs
In a recent issue of Judicature, an academic journal for judges published by Duke University Law School, Timothy J. Corrigan, a federal district judge in Florida, reflected on “the most multifaceted, emotional, and challenging task a judge performs ” — sentencing convicted criminal defendants. read full story

12/2/2016 – Confirm Scott Palk for the Western District of Oklahoma
On Dec. 16, 2015, President Barack Obama nominated Scott Palk, who served for nine years as an Assistant U.S. Attorney in the Western District of Oklahoma, for a vacancy on that district court. read full story

11/27/2016 – The Republican Assault On The Integrity Of The Supreme Court
Since 1973, I have been a professor of constitutional law. The Supreme Court is at the very center of my professional life. I served as a law clerk to Justice William J. Brennan, Jr.; I am co-author of one of the nation’s leading constitutional law textbooks; I am an editor of the Supreme Court Review; I have written numerous books and scholarly articles on the Supreme Court; I am editor of a 20-volume series titled Inalienable Rights, which focuses on the meaning of our constitutional rights; and I have taught courses on constitutional law to generations of law students. read full story

11/27/2016 – Senate should confirm Russell so Utahns can get justice they deserve
With the election over, there seems to be more uncertainty over the future of our government than there was before. However, one area of our government in which there should not be uncertainty is the federal judiciary. read full story

11/23/2016 – End delay on judicial nominee
In April, President Barack Obama nominated William Jung — who has specialized in white-collar criminal defense and complex civil litigation in two Tampa Bay area law firms since 1993, after serving six years as an assistant U.S. attorney — for a federal court judge vacancy in the Middle District of Florida. read full story

11/22/2016 – How an Honorable President-Elect Would Deal Now with the Supreme Court Vacancy
No doubt about it: the Republican decision to refuse to confirm any justice that President Obama might name was an entirely illegitimate power play. What they did is completely unprecedented in American history (as a study by legal scholars — who examined over 100 relevant comparable instances — determined). read full story

11/21/2016 – Confirm Florence Pan for D.C. District Court
On April 28, President Barack Obama nominated Florence Y. Pan, who has served as a D.C. Superior Court Judge since 2009, for a vacancy on the U.S. District Court for the District of Columbia. Judge Pan is a highly qualified mainstream nominee who enjoys the strong support of D.C. Del. Eleanor Holmes Norton. read full story

Confirm Jennifer Klemetsrud Puhl for the Eighth Circuit
In January, President Barack Obama nominated Jennifer Klemetsrud Puhl for a vacancy on the Eighth Circuit, the court that includes Nebraska and six other midwestern states. read full story

11/21/2016 – Federal courts need 94 judges. The Senate should vote on qualified nominees now
Holding open Justice Antonin Scalia’s vacancy on the Supreme Court was a stated goal of Senate Republicans throughout the protracted, divisive federal elections. But it wasn’t only the high court that senators neglected. read full story

11/18/2016 – U.S. Senate should end wait for two Oklahoma judicial nominees
Next month, it will have been a year since Suzanne Mitchell and Scott Palk were nominated to fill judgeships on the U.S. District court for the western district of Oklahoma. It's high time these two qualified candidates be placed on the bench. read full story

11/15/2016 – Confirm Merrick Garland, and end the partisan pettiness over the Supreme Court
Now that the U.S. Senate is back in session, it should hold hearings on and — barring the unlikely emergence of some disqualifying information — approve President Obama’s nomination of Judge Merrick Garland for a vacancy on the U.S. Supreme Court. read full story

11/9/2016 – Judicial stonewalling is damaging democracy
Senate Majority Leader Mitch McConnell, R-Ky., stated back in February that he would not entertain any Supreme Court nominee named by President Barack Obama. He claimed it would be up to the next president to put forward a Supreme Court nominee. read full story

11/4/2016 – Supreme Court Points the Way Forward
A few months ago something weird happened. Virginia had passed a law aimed at preventing trans students from using the restroom that corresponds to their gender identity, and a federal district court had entered a preliminary injunction blocking that law from going into effect. read full story

11/3/2016 – Alexander Hamilton would turn over in his grave
In recent days, several leading Republicans, including Sens. Ted Cruz and Richard Burr, have argued that if Hillary Clinton is elected president, Senate Republicans should refuse to confirm any of her nominees to the Supreme Court. The very suggestion of such a strategy threatens to undermine core principles of our constitutional democracy. read full story

11/1/2016 – What Happens If Republicans Refuse to Replace Justice Scalia?
What’s the opposite of Court-packing? It’s one of those linguistic holes that no one knew existed until the last week. Now it’s time for the wordsmiths to get to work. read full story

10/27/2016 – Justice Denied by Partisan Politics
The dog that did not bark in the 2016 election was the long-delayed nomination of Merrick Garland to fill the vacant Supreme Court seat. In an unprecedented move, the Republican-controlled Senate vowed not to consider Garland, but instead to wait for the next president to select the next court justice. read full story

10/25/2016 – When Supreme Court Appointments Fall Prey To Unprincipled Partisanship
“I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up,” John McCain recently assured Republicans voters. McCain’s “promise” acknowledged what has long been obvious: Senate Republicans have not refused to consider Merrick Garland’s nomination out of their stated belief that a lame duck president should not be permitted to make Supreme Court appointments. read full story

10/18/2016 – Failure to act on Merrick Garland leaves a shorthanded U.S. Supreme Court that harms all Americans
Among my most important roles as chief nominations counsel to the chairman of the Senate Judiciary Committee was to assist home-state senators in selecting qualified men and women to be federal judges in their states. read full story

10/13/2016 – SCOTUS: The Dangerous Empty Seat
For months, Republican Senators have obstinately refused to consider Chief Judge Merrick Garland’s nomination to the Supreme Court. read full story

10/7/2016 – Refusing to take up Garland nomination unacceptable
The U.S. Supreme Court just returned to work after its summer break. And while the justices heard arguments in the first cases of this term, the court is not functioning normally. read full story

10/6/2016 – Justice delayed: Our view

10/6/2016 – What happens to Merrick Garland’s nomination in December?

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