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- 134 S. Ct. 1434 (2014) (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Indiana Law Journal
Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …
Judicial Selection In Congress’ Lame Duck Session, Carl W. Tobias
Judicial Selection In Congress’ Lame Duck Session, Carl W. Tobias
Indiana Law Journal
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.
Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello
Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello
Indiana Law Journal
The wealthy are democracy’s darlings, the middle class are its stepchildren, and the poor are its orphans. Corporate giants line the pockets of senatorial candidates—and purchase influence—while average citizens walk into a polling station and cast a largely symbolic vote. Stated simply, money creates a soft inequality by dominating the political process. Like the “soft bigotry of low expectations,”69 the soft inequality embedded in our political system has created a liberty gap between the prosperous and the poor. McCutcheon was an opportunity to bridge this gap. Instead, the Court enshrined the status quo by holding that Congress could only regulate …