Justice Filtered: Plans to Manage Diversity in the Federal Judiciary

Since Donald Trump’s inauguration in 2017, his administration has made major changes to the federal judiciary. This includes filling two Supreme Court seats along with a total of 146 confirmed Article III (federal district, appellate, Supreme Courts, and the court of international trade) judges.  Democrats saw their last Supreme Court nominee, Merrick Garland, fade away…

Comparing Cert Stage OSG Efforts Under Obama and Trump

The Office of the Solicitor General (OSG) is involved in more Supreme Court litigation on a yearly basis than any other entity. The OSG also plays a unique role in this litigation as its team provides the Court with information, which is oftentimes related to the incumbent administration’s policy views.  This singular position has been…

If Ginsburg Leaves it Could be the Left’s Biggest Loss Yet

The saga over Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily.  Part of the mystery relates to the amount of information shared with the public. We know Ginsburg broke ribs and while providing care for her ribs doctors found malignant lesions in her lungs that were promptly removed. She…

365 Days of Trump and the Supreme Court

How better to wrap up the calendar year than by examining the President’s take on his relationship with the Supreme Court – especially since the Court was one of President Trump’s favorite topics of discussion this past year. The context of these references ranged from from specificity to generalities and from praise to criticism.  Many of the…

Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?

Supreme Court nominees’ confirmation hearings involve much dialogue between the nominees and senators.  In two chaotic days of hearings for Judge Kavanaugh, we have seen a full spectrum of behavior from both sides of the aisle.  Showboating aside, this is a genuinely important hearing for a crucial seat on the Court and hence emotions are running…

Without a Swing It’s Game Over for Democrats

The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Kavanaugh’s nomination and will not vote to confirm him. Others are requesting that the Senate hold off on voting on Kavanaugh’s confirmation until the National Archives produces the record setting million or so pages…

Get Ready for A Confirmation Battle More Intense Than Most

Even though the Supreme Court is not in session it is far from out of the news. With the nomination of Judge Kavanaugh, much of the conversation now surrounds expectations for the a fierce confirmation battle – possibly one of the most fierce we have ever seen.  Some speculate that notwithstanding the drama surrounding the failure…

Expect Kavanaugh To Shift the Court Right. How Far No One Knows.

The discussion over who will fill the Supreme Court vacancy has dominated much of the political conversation since Justice Kennedy announced his retirement from the Supreme Court on June 27.  Last night, Judge Brett Kavanaugh, an obvious choice and the one I predicted in December 2017, was announced as nominee.  When Kennedy’s retirement rumors previously circulated,…

The Five Frontrunners

With less than one week left until President Trump announces his nominee to fill the second SCOTUS vacancy since he took office, not all names are getting equal attention.  President Trump indicated the other day that he narrowed down his initial list to five finalists.  While all members on this whittled down list are not known, a few judges…

Judicial Politics, Roberts’ Dilemma, and One Crazy Term

This Supreme Court term was nerve racking for some conservatives (mainly unwarranted), most liberals (with good reason), and probably for some of the justices too, and yet all for different rationales. Below I’ll go through what may have caused this tension and why members of these three groups might have felt it. Before the Court’s…

A Seismic Shift?

It seems out of a script by the writers of the film Groundhog Day.  At the end of the term each year Court watchers await the impending retirement of a justice.  Stories break in the months before June trying to sort through the imperfect information concerning such retirement plans. In recent years, speculation of an…