Court Of Appeals Nomination
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Report Concerning The Nomination Of Judges To The Court Of Appeals For The Federal Circuit
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Author : Association of the Bar of the City of New York. Committee on Patents
language : en
Publisher:
Release Date : 1988
Report Concerning The Nomination Of Judges To The Court Of Appeals For The Federal Circuit written by Association of the Bar of the City of New York. Committee on Patents and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Appellate courts categories.
Advice And Consent
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Author : Lee Epstein
language : en
Publisher: Oxford University Press
Release Date : 2005-09-15
Advice And Consent written by Lee Epstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-15 with Political Science categories.
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
From Solicitor General To Supreme Court Nominee
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Author : Susan Navarro Smelcer
language : en
Publisher: DIANE Publishing
Release Date : 2010-10
From Solicitor General To Supreme Court Nominee written by Susan Navarro Smelcer and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10 with Law categories.
On May 10, 2010, President Obama nominated Solicitor General (SG) Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first serving SG to be appointed to the Court since the elevation of Thurgood Marshall in 1967. She would also be only the fifth of 111 Justices to come to the bench with such experience. Contents of this report: (1) Intro.; (2) Duties and Responsibilities of the SG; (3) Explaining the Success of the SG; (4) From SG to Supreme Court Nominee: Chief Justice William Howard Taft; Associate Justice Stanley Reed; Associate Justice Robert Jackson; Associate Justice Thurgood Marshall; (5) SG Elena Kagan: Tenure as SG; Potential for Recusal During Her First Term if Confirmed.
Nominations To D C Court Of Appeals And Superior Court
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Author : United States. Congress. Senate. Committee on the District of Columbia
language : en
Publisher:
Release Date : 1975
Nominations To D C Court Of Appeals And Superior Court written by United States. Congress. Senate. Committee on the District of Columbia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with categories.
The Appointment Process For U S Circuit And District Court Nominations
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Author : Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2014-10-22
The Appointment Process For U S Circuit And District Court Nominations written by Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-22 with Political Science categories.
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee. The need for a President to make a circuit or district court nomination typically arises when a judgeship becomes or soon will become vacant. With almost no formal restrictions on whom the President may consider, an informal requirement is that judicial candidates are expected to meet a high standard of professional qualification. By custom, candidates who the President considers for district judgeships are typically identified by home state Senators if the latter are of the President's party, with such Senators, however, generally exerting less influence over the selection of circuit nominees. Another customary expectation is that the Administration, before the President selects a nominee, will consult both home state Senators, regardless of their party, to determine the acceptability to them of the candidate under consideration. In recent Administrations, the pre-nomination evaluation of judicial candidates has been performed jointly by staff in the White House Counsel's Office and the Department of Justice. Candidate finalists also undergo a confidential background investigation by the FBI and an independent evaluation by a committee of the American Bar Association. The selection process is completed when the President, approving of a candidate, signs a nomination message, which is then sent to the Senate. Once received by the Senate, the judicial nomination is referred to the Judiciary Committee, where professional staff initiate their own investigation into the nominee's background and qualifications. Also, during this pre-hearing phase, the committee, through its “blue slip” procedure, seeks the assessment of home state Senators regarding whether they approve having the committee consider and take action on the nominee. Next in the process is the confirmation hearing, where judicial nominees engage in a question and answer session with members of the Judiciary Committee. Questions from Senators may focus, among other things, on a nominee's qualifications, understanding of how to interpret the law, previous experiences, and the role of judges.
Judicial Nominations For District Of Columbia Court Of Appeals
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Author : United States. Congress. Senate. Committee on the District of Columbia
language : en
Publisher:
Release Date : 1971
Judicial Nominations For District Of Columbia Court Of Appeals written by United States. Congress. Senate. Committee on the District of Columbia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Judges categories.
Nominations To Court Of Appeals And Superior Court Of The District Of Columbia
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Author : United States. Congress. Senate. Committee on the District of Columbia
language : en
Publisher:
Release Date : 1972
Nominations To Court Of Appeals And Superior Court Of The District Of Columbia written by United States. Congress. Senate. Committee on the District of Columbia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with categories.
Court Nominations
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Author : Peter C. Kesterhoff
language : en
Publisher: Nova Science Publishers
Release Date : 2009
Court Nominations written by Peter C. Kesterhoff and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Judges categories.
This book sheds light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule". Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The book then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken. Findings include the following: Senators of both parties at different times have spoken of their expectations of a drop-off in processing of judicial nominations occurring earlier in presidential election years than in other years. However, there is no written Senate or Judiciary Committee rule -- nor was any bipartisan agreement reached during the 1980-2004 period -- concerning judicial nominations in presidential election years. The Senate has, on average, confirmed fewer court of appeals nominees in presidential election years than in any other year of a presidential term between 1977 and 2007. In the presidential election years from 1980 to 2004, there was no consistently observed date after which the Judiciary Committee or Senate ceased processing lower court nominations; however, in the three most recent completed presidential election years, the Senate confirmed its last court of appeals nominee in July or earlier, while in the four preceding presidential election years, the Senate confirmed its final court of appeals nominee in October or later. On average, fewer court of appeals nominations received hearings, were reported, and were confirmed in the three most recent completed presidential election years (1996, 2000, and 2004) than in the four preceding presidential election years (1980, 1984, 1988, and 1992). From 1980 to 2004, the Senate confirmed, on average, more nominations (and a greater percentage of pending nominations) in years when the Senate majority was of the President's party than years in which partisan control of the presidency and the Senate was divided. The report also outlines relevant considerations for Senators in deciding whether to seek to speed or slow the judicial confirmation process in a presidential election year. These considerations include the public policy views of the incumbent President (and his successor), patronage considerations for Senators of both political parties, the appearance of a partisan judicial confirmation process, and whether a slowdown might greatly affect the judicial vacancy rate.
Court Of Appeals Nomination
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Author : United States. Congress. Senate. Committee on the District of Columbia
language : en
Publisher:
Release Date : 1976
Court Of Appeals Nomination written by United States. Congress. Senate. Committee on the District of Columbia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with categories.
Nominations For District Of Columbia Courts
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Author : United States. Congress. Senate. Committee on Governmental Affairs
language : en
Publisher:
Release Date : 1981
Nominations For District Of Columbia Courts written by United States. Congress. Senate. Committee on Governmental Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Government publications categories.