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Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Law Faculty Publications
President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …
Transforming The “Thurmond Rule” In 2016, Carl W. Tobias
Transforming The “Thurmond Rule” In 2016, Carl W. Tobias
Law Faculty Publications
This piece first analyzes the Rule’s history. Part II explains the convention and its deleterious consequences. Finding that each party reinterprets the notion to stymie appointments—which perverts the selection process, deprives courts of judicial resources for delivering justice, and intensifies the “confirmation wars”—the final Part proffers solutions. Because the Rule has multiple detrimental effects, it warrants abolition.
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Law Faculty Publications
Prof. Jones discusses the congressional powers to conduct investigations and compel answers from individuals versus the prospective judge's interest in impartiality in the of judicial nomination hearings.