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How Biden Could Keep Filling The Federal Circuit Court Vacancies, Carl Tobias
How Biden Could Keep Filling The Federal Circuit Court Vacancies, Carl Tobias
Washington and Lee Law Review Online
In October 2020, Democratic presidential nominee Joe Biden speculated that the fifty-four talented, extremely conservative, and exceptionally young, appellate court judges whom then-President Donald Trump and two relatively similar Grand Old Party (GOP) Senate majorities appointed had left the federal appeals courts “out of whack.” Problematic were the many deleterious ways in which Trump and both of the upper chamber majorities in the 115th and 116th Senate undermined the courts of appeals, which are the courts of last resort for practically all lawsuits, because the United States Supreme Court hears so few appeals. The nomination and confirmation processes which Trump …
How Biden Began Building Back Better The Federal Bench, Carl Tobias
How Biden Began Building Back Better The Federal Bench, Carl Tobias
Washington and Lee Law Review Online
In October 2020, Democratic presidential nominee Joseph Biden famously expressed regret that the fifty-four accomplished, conservative, and young federal appellate court jurists and the 174 comparatively similar district court judges whom former– Republican President Donald Trump and the recent pair of analogous Grand Old Party Senate majorities in the 115th and 116th Congress appointed had left the courts of appeals and the district courts “out of whack.” Lamentable were the numerous detrimental ways in which President Trump and these Republican Senate majorities attempted to undercut the appeals courts and district courts, which actually constitute the tribunals of last resort in …
How The Prohibition On "Under-Ruling" Distorts The Judicial Function (And What To Do About It), A. Christopher Bryant, Kimberly Breedon
How The Prohibition On "Under-Ruling" Distorts The Judicial Function (And What To Do About It), A. Christopher Bryant, Kimberly Breedon
Pepperdine Law Review
Lower courts face a dilemma when forced to choose between older Supreme Court precedent that directly controls the present legal dispute and an intervening Supreme Court ruling that relies on rationale which erodes or undermines the rationale of the direct precedent. Nearly thirty years ago, the Supreme Court announced a rule requiring lower courts to follow the older precedent and disregard any inconsistency resulting from intervening rulings, effectively barring lower courts from “under-ruling” the older Supreme Court precedent. This prohibition on “under-ruling,” here referred to as the “Agostini Rule,” reflects a departure from the core rule-of-law values requiring similar cases …
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Improving Federal Judicial Selection, Carl Tobias
Improving Federal Judicial Selection, Carl Tobias
University of Richmond Law Review
Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
University of Richmond Law Review
No abstract provided.
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
University of Richmond Law Review
No abstract provided.
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
University of Richmond Law Review
No abstract provided.