Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Postpartisan Federal Judicial Selection, Carl W. Tobias
Postpartisan Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
The problem of numerous, persistent vacancies in the federal judiciary continues to undermine expeditious, inexpensive, and fair case resolution. As the Obama administration is still in its early stages, the process for nominating and securing the confirmation of federal judges merits consideration. This Essay chronicles the origins and development of the appointments conundrum. Although enhanced federal jurisdiction and growing caseloads are partially to blame, partisan politics has also prevented swift nomination and confirmation for over twenty years. The Essay then describes the processes employed by the Obama administration during its nascency. Finally, the Essay offers suggestions to facilitate the judicial …
Diversity And The Federal Bench, Carl W. Tobias
Diversity And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Justice Sonia Sotomayor's appointment was historic. She is the first Latina Supreme Court member and President Barack Obama's initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellate and district courts. Enhancing diversity honors valuable goals. Selection across a presidency's initial fifteen months also creates the tone. These ideas suggest that the nascent administration's judicial selection merits evaluation, which this paper conducts. Part I briefly assesses modern chief executives' divergent records in naming …