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Let The Right Ones In: The Supreme Court's Changing Approach To Justiciability, Richard L. Heppner
Let The Right Ones In: The Supreme Court's Changing Approach To Justiciability, Richard L. Heppner
Law Faculty Publications
The power of federal courts to act is circumscribed not only by the limits of subject matter jurisdiction, but also by various justiciability doctrines. Article III of the Constitution vests the judicial power of the United States in the Supreme Court and such inferior courts as Congress creates. That power is limited to deciding cases and controversies. It does not permit federal courts to provide advisory opinions when there is not a real dispute between the parties. Based on that constitutional limit, and related prudential concerns, the Court has developed a variety of justiciability requirements limiting which cases can be …
How Biden Can Continue Making The Federal Courts Better, Carl Tobias
How Biden Can Continue Making The Federal Courts Better, Carl Tobias
Law Faculty Publications
From 2017 until 2020, former President Donald Trump and the Republican Senate majority nominated and confirmed record-breaking numbers of appellate court judges. This emphasis undermined ethnic, gender, sexual orientation, and experiential diversity as well as ideological balance on these courts and neglected to address persistent district court and emergency vacancies. Moreover, to achieve these historic confirmation levels, the GOP Senate majority eviscerated or altered certain rules and customs of regular order, which included the creation of a circuit-level exception to the blue slip process. President Joe Biden, in turn, has pledged to rectify the damage to the courts and the …