Congress Passes Legislation to Create Needed Judgeships, but Biden May Veto
There was bipartisan support for the JUDGES Act, but the election results appear to have changed that.
Judicial Nominations
Federal Judge Rescinds Decision to Take Senior Status
Donald Trump will have at least one less federal district court vacancy to fill.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
Should Justice Sotomayor Retire? Some People Think So.
Some liberals and progressives think Justice Sotomayor should retire this year to ensure a Democratic President names her replacement.
More Circuit Court Vacancies For Biden To Fill (But Not As Many As There Could Be)
Quite a few judges have opted to take senior status, but some who are eligible have not.
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
Biden Nominee to the First Circuit Faces Potential Democratic Opposition Over Abortion
A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.
May the President Prospectively Appoint a Supreme Court Justice to a Seat that Is Not Yet Vacant? (Updated)
A newly released memo from the Office of Legal Counsel suggests the answer is "yes."
White House Returns Focus to Filling Lower Court Vacancies
With many vacancies to fill, the BIden Administration works to identify additional judicial nominees.
When They Attack 'Dark Money,' They're Really Attacking Free Speech
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Some Questions Senators Should ask Ketanji Brown Jackson
George Will and the Washington Post editorial board suggest some good ones. I add a few of my own.
Why Supreme Court Confirmation Hearings Serve Useful Purposes
The process has many flaws. But we're still better off with the hearings than we would be without them.
Will Biden's Supreme Court Nominee Need Republican Votes to Get Confirmed?
Supreme Court confirmation votes have become increasingly partisan. Will this create a problem in a 50-50 Senate?
Member of #TeamJackson Allegedly Edited Wikipedia Bios of Potential Supreme Court Nominees
A former clerk to Judge Ketanji Brown Jackson is accused of burnishing her Wiki bio, while sabotaging those of other contenders to replace Justice Breyer.
Judge Ketanji Brown Jackson's Second Circuit Court Opinion
Another appellate opinion from a leading contender to replace Justice Breyer on the Supreme Court
Judge Ketanji Brown Jackson's First Circuit Court Opinion
A unanimous panel rejects a Trump Administration change to rules on collective bargaining for government workers.
When Presidents Pick Law Profs
An observation about the role of law professors in recent administrations.
An Opportunity to Diversify the Supreme Court in More Ways than One (Updated)
President Biden has promised to nominate the first Black woman to the Supreme Court. He should also consider a nominee with legal experience current justices lack.
Stephen Breyer Is Retiring from the Supreme Court, Reports Say
Assuming Biden can replace him, the Court's ideological composition probably won't change much.
How Big a Mark Will President Biden Make on the Federal Judiciary? (Updated)
The Biden Administration is off to a fast start nominating and appointing federal judges, but will this continue?
How Bill Barr Kept Ken Starr Off the Supreme Court (Resulting in David Souter)
An interesting historical tidbit about the nomination of David Souter to the Supreme Court
Biden Administration Moves Swiftly on Judicial Nominations (Updated)
It appears that folks in the Biden White House have learned from the mistakes made by prior Democratic Administrations.
"Nothing Justice Stephen Breyer Has Said Publicly Suggests He's Ready to Quit"
Progressives are increasingly worried that Justice Breyer will overstay his time on the Court.
Senator McConnell on Whether a GOP Senate Would Consider Biden SCOTUS Nominees
The Senate Minority Leader's remarks add some urgency to progressive appeals for Justice Breyer to retire.
President Biden's Third Slate of Judicial Nominees Continues Emphasis on Criminal Defense Experience
All three of today's appellate nominees have worked as public defenders.
American Bar Association Will Not Vet Biden's Judicial Nominations
The Biden White House follow the lead of the Bush (43) and Trump Administrations, in not allowing the ABA to evaluate potential nominees prior to their nomination.
Biden's Judicial Reform Commission and the Future of Court-Packing
What we know of the planned commission's membership makes it unlikely it will recommend court-packing. But that doesn't mean the issue will simply go away.
Biden Administration Seeks to Avoid Obama Administration Missteps on Judicial Nominations
The BIden-Harris transition team is already prioritizing judicial nominations.
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
Video of R Street Institute Event with Two Ilyas - Myself and Ilya Shapiro Speaking about Our New Books
We discuss my book "Free to Move: Foot Voting, Migration, and Political Freedom," and his "Supreme Disorder: The Politics of America's Highest Court."
Does the Supreme Court Need Fixing? If So, Why and How?
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
Courts Should Check 'Majority Rule'
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
A Qualified Defense of Supreme Court Confirmation Hearings
They have serious flaws, many of which are on display this week. But we are still better off with them than without them.
Coronavirus in Congress Won't Stop Barrett Confirmation Hearings, Which Start Today
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
Why Amy Coney Barrett is Unlikely to Have Any Meaningful Effect on the Future of the ACA
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
Of Biden, Bush, and the History of Judicial Confirmation Fights
Imagine how things would be different had a 2002 Bush proposal to deescalate judicial nominations been adopted.
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
On Election Year Supreme Court Vacancies (Redux)
What I wrote in 2016 still applies today.
How a Deal to Prevent Court-Packing Can Still Happen
The prospects are far from ideal. But it is still potentially feasible.
What Happens When Trump Judges Confront Trump Administration Deregulation?
Faced with a choice between the Trump Administration and the law, these judges had no problem following the law.
Is the Senate Filibuster a 'Jim Crow Relic' That Should Be Abolished in the Name of Democracy?
Politicians' opinions about the maneuver depend on which party is in power.
Desperately Smearing Amy Coney Barrett
If you're looking for an accurate (let alone fair-minded) assessment of judicial records, Slate's not the place for you.
About those "Trump Judges"
While political attention is focused on impeachment, the Senate continues to confirm judicial nominees
Hula Hoops and Chinese Food at Supreme Court Confirmation Hearings
Are we squandering a rare opportunity to learn more about the justices?
Neomi Rao's Letter to the U.S. Senate Committee on the Judiciary
Clarifications and regrets.
Judging Neomi Rao
Why college writings are complicated but the perfect solution fallacy is worse.
