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Full-Text Articles in Judges
Fixing The Federal Judicial Selection Process, Carl W. Tobias
Fixing The Federal Judicial Selection Process, Carl W. Tobias
Law Faculty Publications
Federal court selection is eviscerated. Across five years in Barack Obama’s presidency, the judiciary confronted some eighty-five vacancies because Republicans never agreed to prompt Senate consideration. Only when the Democratic majority ignited the “nuclear option,” a rare action that permitted cloture with fewer than sixty votes, did gridlock end. However, openings quickly grew after the Grand Old Party (GOP) captured an upper chamber majority, notwithstanding substantial pledges that it would supply “regular order” again. Over 2015, the GOP cooperated little, approving the fewest jurists since Dwight Eisenhower was President. However, selection might worsen. This year is a presidential election year, …
Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias
Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias
Law Faculty Publications
In this piece, Professor Carl Tobias descriptively scrutinizes the nomination and confirmation regimes throughout the administration of President Barack Obama. The article critically evaluates selection finding that persistent Republican Senate obstruction resulted in the greatest number of unoccupied posts for the longest duration, briefly moderated by the 2013 detonation of the “nuclear option,” which constricted filibusters. Nevertheless, the article contends when the Grand Old Party (GOP) attained a chamber majority, Republicans dramatically slowed the nomination and confirmation processes after January 2015. Therefore, openings surpassed ninety before Congress is scheduled to reassemble. Because this dilemma erodes rapid, inexpensive, and equitable disposition, …
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Law Faculty Publications
This Article first scrutinizes the Obama Administration confirmation and nomination processes. It then critically explores selection and concludes that Republican obstruction instigated the most open positions the longest time. Because this deficiency undermines swift, economical, and fair case resolution, the Article suggests ideas to promptly decrease the remaining unoccupied judgeships after the session commences.
Senate Gridlock And Federal Judicial Selection, Carl W. Tobias
Senate Gridlock And Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
One crucial locus of gridlock is appointments to the United States Courts of Appeals, which have grown extremely contentious, as the circuits resolve disputes about controversial issues and can effectively be tribunals of last resort for designated areas. Continuous Republican and Democratic charges, recriminations, and divisiveness have roiled the process for decades. The bench constitutes 179 judgeships; however, seventeen remained vacant at President Barack Obama's second inauguration notwithstanding his pledge to end the "confirmation wars" by assiduously consulting senators. Laboring without ten percent of the appellate court members subverts prompt, inexpensive and fair case disposition and undermines citizen respect for …
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter
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.
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.
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.