The Politics of Supreme Court Appointments
St. James Place ~ Thursdays, 9 a.m-11 a.m. I. Introduction to Politics in the United States The Nature of the Constitution and the Intention of the Framers The Nominating, Confirmation, and Appointment Powers in How to Read the Constitution and How Justices Decide Cases The Supreme Court as a Political Institution II. The President's Power and the Senate's Power The President and the Supreme Court The Senate and the Supreme Court Deadlock as a Political Style A Statistical Overview III. The Conflict Over a Replacement for Justice Antonin Scalia The Drama of Nomination, Confirmation, and Appointment in 2016 The Democratic President's Position The Republican Senate Majority's Position IV. Conclusions and Suggestions Predicting What Will Happen Who Are the Winners? Who Are the Losers? Our Experiment of Republican Government The Future of the Appointment Process ___________________________________________________________________________ Resources on the Internet Basic Documents The Constitutional Text --National Archives The Constitutional Text --The Yale Avalon Project The Articles of Confederation --from the Avalon Project Landmark Cases --from CNN The Constitutional Text Annotated --from Congress.gov Philip B. Kurland and Ralph Lerner, eds., The Founders' Constitution --from the University of Chicago Press Documents Relating to the Nomination and Appointment Clause Debates on the Federal Judiciary: 1787-1875 --from the Federal Judicial Center The Constitutional Convention Debate on the Judiciary, July 18, 1787 --from the Avalon Project The Court and Democracy: Primary Sources --from PBS Debate from the Constitutional Convention Regarding the Function of the Judiciary --from PBS Landmark Judicial Legislation --from the Federal Judicial Center Approaches to Judicial Selection State by State Judicial Selection --from courts.uslegal.com Judicial Selection in the States --from ballotopedia Judicial Selection in the States --from the National Center for State Courts Justin Trudeau, "Why Canada Has a New Way to Choose Supreme Court Judges" --from The Globe and Mail, August 2, 2016 Court Systems in the United States Federal Court Organization --from uscourts.gov Judges and Judgeships --from uscourts.gov Middle District, Louisiana Western District, Louisiana U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Fifth Circuit - map --from ballotpedia.com The Supreme Court of the United States --the official website for the Court Charles Warren, The Supreme Court in United States History --from archive.org The Supreme Court of the United States --from Encyclopedia Britannica The Supreme Court of the United States --from Wikipedia History of the Supreme Court of the United States --from Wikipedia The Nomination, Confirmation, and Appointment Process Barry J. McMillion, "Supreme Court Appointment Process: President's Selection of a Nominee" --from The Congressional Research Service, April 1, 2016 Sarah S. Herman, "Supreme Court Vacancies: Frequently Asked Questions" --from The Congressional Research Service, March 31, 2016 An Easy Guide to Federal Judicial Nominations --from americanprogress.org "'Nuclear Option'" --from wikipedia.com Judge Merrick Garland's Response to the Senate Judiciary Committee's Questionnaire --from the Senate Judiciary Committee Denis Steven Rutkus, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview --June 16, 2016 Appointment of Supreme Court Justices - How the Process Works --from the Library of Congress, Congressional Research Service, May, 2016 Supreme Court Nominations--1789 to the Present --from the U.S. Senate Amy Howe, "Supreme Court Nominations in Presidential Election Years" --from SCOTUS Blog U.S. Supreme Court Research - Nominations --from the University of San Francisco School of Law Appointment and Confirmation of Nominations to the United States Supreme Court --from Wikipedia Remy Melina, "Why are There Nine Supreme Court Justices?" --from livecience.com The Evolution of Supreme Court Confirmation Hearings --from the SCOTUS Blog Paul M. Collins and Lori A. Ringhand, Supreme Court Confirmation Hearings and Constitutional Change --Google Books See page 31 for chart of recess appointments. Judicial Selection: the Process of Selecting Judges --from the American Bar Association NLRB v. Noel Canning Co. --from Justicia.com - [The Court found that the Senate decides when it is in session or "in recess." The Five Most Disastrous Supreme Court Nominees --from theweek.com - May, 2010 Harriet Miers' Supreme Court Nomination --from wikipedia.com Time Spent Considering Supreme Court Nominees --from The Wasington Post, February 16, 2016 Tuan Samahom, "Federal Judicial Selection and the Senate's Blue Slip 'Tradition'," --from Nevada Lawyer, October, 2012 Senate Committee on the Judiciary --from Wikipedia ______ Congressional Research Service Reports _____ Filling the Scalia Seat "Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court" --from the Congressional Research Service, April 27, 2016 "Garland Nomination Gets Positive Reception from Public" --from the PEW Research Center, March 28, 2016 Andrew Nolan, "The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Court," --from the Congressional Research Service, February 25, 2016 President Obama, "Derrick Garland Deserves a Vote--For Democracy's Sake" --from The Wall Street Journal, July 17, 2016 PDF - Word "The Biden Rule" -- U.S. Senate, Congressional Record, June 25, 1992 Then Senator Biden Stating "The Biden Rule" --June 25, 1992 --Video and Text --from realclearpolitics.com C. Eugene Emery, "In Context: The "Biden Rule' on Supreme Court Nominations In An Election Year" --from politicofact.com Unsuccessful Nominations to the United States Supreme Court --from Wikipedia Jeremy Berke, Supreme Court Appointments Every President Has Made --from Business Insider, March, 2016 Gregory L. Diskant, "Obama Can Appoint Merrick Garland to the Supreme Court If the Senate Doe Nothing --from The Washington Post, April 10, 2016 Hot New Theory: Obama Can Appoint Garland to the Supreme Court If the Senate Takes Too Long Or Or Something --from hotair.com Chris Cillizza, Democrats Are Winning the Supreme Court Fight Over Merrick Garland. BigTime. --from the Washington Post, April 29, 2016 Steven F. Frieland, "Advice and Consent" in the Appointments Clause from Another Perspective" --from the Duke Law Journal Online, May, 2015 Conservative Blog Urges Approval of Garland --from The Washington Post, May 4, 2016 Gregory Diskant, "Obama Can Appoint Garland If Senate Does Nothing," --from The Washington Post, April 8, 2016 Cass Sunstein, "At Last, A Supreme Court That Does Less," --from The Wall Street Journal, June 3, 2016 The Heritage Foundation's Judicial Selection --March, 2016 Judgeship Appointments by Presidents --from the U.S. Courts Elizabeth Rybiki, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure" --from the Congressional Reference Service, March 9, 2015 Todd Ruger, "Diverse Judgment: President Obama Has Changed the Judiciary In More Ways Than One" --from CQ Magazine, June 6, 2016 Linda Greenhouse, "The Supreme Court"s Post-Scalia Term" --from The New York Times, June 23, 2016 Discussion of Supreme Court's Actions on June 27, 2016 --from NPR Adam Liptak, Larry Buchanan, and Alicia Parlapiano, "How a Vacancy on the Supreme Court Affected Cases in the 2015-2016 Term"--from The New York Times, June 26, 2016 Jess Bravn, "Presidential Election Will Shape the Supreme Court For Years to Come," --from The Wall Street Journal, July 22, 2016 Frederick Lawrence, "In Obstructing Merrick Garland Senate Shatters Record" --from norwichbulletin.com [This deals with the controversial appointment of Justice Lous Brandeis in 1916.] The Ginsburg-Trump Story Justice Ginsburg's Exit Interviews --from the Wall Street Journal, July 17, 2016 Bill Moyers, "Justice Ginsburg's Gaffe--She Spoke the Truth" --from billmoyers.com Jeffery Toobin, "Ruth Bader Ginsburg's Slam of Trump" --from CNN Data Resources and Miscellany PEWresearch.org Ballotpedia.org Thegreenpapers.com ""More Perfect: The Imperfect Plaintiffs" -- Audio - from Radiolab.org (This deals with Lawrencer v. Texas (1915) in which the Supreme Court invalidated a Texas law which criminalized homosexual acts.) |
