A Ban The Court Would Love to Avoid

On June 1, the Trump Administration filed its application to stay the Fourth Circuit’s preliminary injunction against the attempted travel ban and petition for cert in the case.  While this is only the Supreme Court’s first potential entry point into this dispute, it marks an opportunity for the Court to rule on a central item…

Why Justice Kennedy May Not Leave The Court Right Now

The Supreme Court is not an institution with regular turnover.  Since the Justices have life tenure, many stay on well into old age and often for decades.  The Justices are insulated in their positions for life and there is little incentive to move to other jobs.  In fact, the last Justice to leave the Court…

Below the Surface of the Gorsuch Confirmation Hearings

Justice Gorsuch was confirmed to the Supreme Court after a relatively quick and seamless confirmation process.  Much went into this process, however, and even though these hearings have become more or less a formality, they are a process that involves much preparation and an extensive time commitment.  Justice Gorsuch’s answers to questions were prototypical of…

What Recent SCOTUS Confirmations Tell Us About the Gorsuch Hearings

Supreme Court confirmation hearings involve much pomp and circumstance.  Recent nominees including Gorsuch (thus far) shy away from directly answering substantive policy questions, generally resorting to the retort that they do not wish to speak on issues that might come before the Court.  For the senators, part of the confirmation game is strategic.  Prior to…

What’s at Stake in a Supreme Court Ruling in the Trump Immigration Battle?

The Supreme Court’s role as a co-equal branch of the federal government may soon be put to the test.  While various issues relating to President Trump’s decisions are percolating in lower courts, one that has received much attention recently is his Executive Order on Immigration.  Yesterday the Ninth Circuit heard oral arguments regarding the temporary…

Supreme Court Review of The Short-Listers’ Decisions

With one day until his inauguration, President Elect Trump has yet to nominate a candidate for the vacant seat on the Supreme Court.  While he initially released a list of twenty-one possible candidates for the vacancy, CBS’ Jan Crawford reports that the list of candidates may be furthered narrowed to five – including 11th Circuit Judge…

What The Money Says About Federal Judges on Trump’s SCOTUS List

Money talks…or so the saying goes.  This is especially true in the world of politics with multi-million dollar campaigns that could not survive without it.  Federal judges, however, are unelected and so they do not run political campaigns that leave financial trails.   Once on the bench, federal judges must preserve a sense of impartiality which…

Comparing Candidates for the Next United States Solicitor General

Eleven possibilities for the next Solicitor General of the United States.  There are in fact many more possible candidates although the eleven names produced in two articles – one by Tony Mauro of the National Law Journal and another by David Lat, managing editor of Above the Law provide an ample source of talented lawyers…

An Alternate Take on Trump’s Potential Supreme Court Nominees

Making sense out of who Donald Trump may nominate to the Supreme Court is a very different exercise than doing the same for Hillary Clinton.  Trump, unlike Clinton, is not a career politician, and he has campaigned on a platform designating himself as an outsider looking to reform the Washington establishment.  Trump’s list of potential…

Immediate Effect of the Election on the Court and the Justices

The Justices have languished for months with the uncertainty of who will fill the empty seat on the Court.  This uncertainty will by no means end soon, but the impending election and the election itself may have had a cathartic effect on the Justices.  There is now greater likelihood that the empty seat will be…