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Articles 1 - 8 of 8
Full-Text Articles in Law
Filling The Seventh Circuit Vacancies, Carl W. Tobias
Filling The Seventh Circuit Vacancies, Carl W. Tobias
Law Faculty Publications
In January 2016, President Barack Obama nominated Donald Schott and Myra Selby for empty judicial positions on the United States Court of Appeals for the Seventh Circuit. Schott is a very talented practitioner, who has efficaciously served as a well-respected partner of a major law firm for greater than thirty years. For instance, Schott has professionally worked on numerous complicated federal suits and a plethora of complex actions, many of which efforts concluded with alternative dispute resolution. Selby is concomitantly an exceptional lawyer, who has compiled a distinguished record in the public and private sectors. For example, the compelling prospect …
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Law Faculty Publications
When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order proscribing U.S. …
Nominate Judge Koh To The Ninth Circuit Again, Carl W. Tobias
Nominate Judge Koh To The Ninth Circuit Again, Carl W. Tobias
Law Faculty Publications
During February 2016, President Barack Obama nominated United States District Judge Lucy Haeran Koh to a “judicial emergency” vacancy on the United States Court of Appeals for the Ninth Circuit. She has capably served over multiple years in the Northern District of California competently deciding numerous high-profile lawsuits, specifically regarding intellectual property. Accordingly, the President’s efforts to confirm her were unsurprising. However, 2016 was a presidential election year when judicial nominations traditionally slow and ultimately halt. This difficulty was exacerbated when Republicans consistently refused to implement any confirmation process for United States Court of Appeals for the District of Columbia …
Recalibrating Judicial Renominations In The Trump Administration, Carl W. Tobias
Recalibrating Judicial Renominations In The Trump Administration, Carl W. Tobias
Law Faculty Publications
Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention-specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties …
Filling The Texas Federal Court Vacancies, Carl W. Tobias
Filling The Texas Federal Court Vacancies, Carl W. Tobias
Law Faculty Publications
Texas confronts many federal appellate and district court openings, but the situation has reached crisis proportions. The state addresses two protracted U.S. Court of Appeals for the Fifth Circuit vacancies, which have lacked nominees for multiple years, and eleven open trial court seats, all but one classified as "judicial emergencies." This conundrum persists, although the Senate confirmed three jurists for Texas district vacancies in both 2014 and 2015 and President Barack Obama submitted well qualified, mainstream nominees on five empty posts in March 2016. Texas Republican Senators John Cornyn and Ted Cruz also failed to expeditiously provide those designees' "blue …
Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias
Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias
Law Faculty Publications
From the moment that the Grand Old Party (GOP) won the Senate in November 2014, Republicans have directly and incessantly vowed to establish “regular order” in the upper chamber again. Lawmakers employed this phrase to depict the purported restoration of strictures that prevailed until Democrats subverted them. In January 2015, when the 114th Congress began, Senator Mitch McConnell (R-Ky.), the Majority Leader, proclaimed, “[w]e need to return to regular order,” while the legislator has dutifully recited that mantra ever since. Senator Charles Grassley (R-Iowa), the head of the Senate Judiciary Committee, espoused analogous concepts. Illustrative was his January 2015 pledge …
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
Law Faculty Publications
Twenty-six years – half my lifetime – have passed since I joined Judge Merhige's court family as his law clerk. I attempt here to sketch my personal impressions, distilling what to me was most remarkable about Robert R. Merhige, Jr. Perhaps unsurprisingly, this dynamic man turned legendary judge – a man I revered from the moment I met him – is more vivid to me now than he was to my younger self.
Mercurial, energetic, and benevolently despotic, Judge Merhige was a man of extraordinary decency who cherished his vocation and the law. He was a World War II veteran …
Confirming Supreme Court Justices In A Presidential Election Year, Carl W. Tobias
Confirming Supreme Court Justices In A Presidential Election Year, Carl W. Tobias
Law Faculty Publications
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the President to be inaugurated on January 20, 2017—not Barack Obama—must fill the empty Scalia post. Obama in turn expressed sympathy for the Justice’s family and friends, lauded his consummate public service, and pledged to nominate a replacement “in due time,” contending that eleven months remained in his administration for confirming a worthy successor. Obama admonished that the President had a constitutional duty to nominate a superlative aspirant to the vacancy, which must not have persisted for …