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Category Archives: Courts

Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President

CRS – Supreme Court Nominations, 1789 to 2020:Actions by the Senate, the Judiciary Committee, and the President, Updated February 23, 2021: “The process of appointing Supreme Court Justices has undergone changes over two centuries, but its most basic feature, the sharing of power between the President and Senate, has remained unchanged. To receive a lifetime appointment to the Court, a candidate must, under the “Appointments Clause” of the Constitution, first be nominated by the President and then confirmed by the Senate. A key role also has come to be played midway in the process by the Senate Judiciary Committee. Table 1 of this report lists and describes actions taken by the Senate, the Senate Judiciary Committee, and the President on all Supreme Court nominations, from 1789 through 2020.The table provides the name of each person nominated to the Court and the name of the President making the nomination. It also tracks the dates of formal actions taken, and time elapsing between these actions, by the Senate or Senate Judiciary Committee on each nomination, starting with the date that the Senate received the nomination from the President.Of the 44Presidents in the history of the United States, 41have made nominations to the Supreme Court. They made a total of 164 nominations,of which 127 (77%) received Senate confirmation. Also, on 12 occasions in the nation’s history, Presidents have made temporary recess appointments to the Court, without first submitting nominations to the Senate. Of the 37 unsuccessful Supreme Court nominations, 11 were rejected in Senate roll-call votes, 11 were withdrawn by the President, and 15lapsed at the end of a session of Congress. Six individuals whose initial nominations were not confirmed were later renominated and confirmed to positions on the Court…”

See also three new additional CRS Reports on this topic: Supreme Court Appointment Process: President’s Selection of a Nominee Updated February 22, 2021; Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee Updated February 22, 2021; and Supreme Court Appointment Process: Senate Debate and Confirmation Vote Updated February 22, 2021.

The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence

The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence, 121 Columbia Law Review No.1, January 2021. “Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfea­sance in office (INM). The President can remove the heads of these agencies for INM and… Continue Reading

Abortion: Judicial History and Legislative Response

CRS Report – Abortion: Judicial History and Legislative Response, Updated February 8, 2021: “In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. In a companion decision, Doe v. Bolton, the Court found that a state may not unduly burden the exercise… Continue Reading

NYT Op – Lawyers Enabled Trump’s Worst Abuses

The New York Times Opinion By Sherrilyn A. Ifill – Ms. Ifill is a lawyer and author. She is president and director-counsel of the NAACP Legal Defense and Educational Fund Inc., a civil rights legal organization. “The legal profession must reckon with its complicity in Trump’s attack on democracy. Every day, we learn more about… Continue Reading

Lawsuit Saves Trump White House Records

“The National Security Archive et. al. v. Donald J. Trump et. al. lawsuit, filed December 1, 2020 to prevent a possible bonfire of records in the Rose Garden, achieved a formal litigation hold on White House records that lasted all the way through the transition and Inauguration Day, the preservation of controversial WhatsApp messages, and a formal… Continue Reading

Supreme Court Preview of 2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings

CRS Report – Supreme Court Preview of2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings, Updated February 11, 2021: “The Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. The Coronavirus Disease 2019 (COVID-19) pandemic resulted in the Court indefinitely closing its building to the public, postponing… Continue Reading

Legal Research Reports: Most Viewed Reports of the Decade

In Custodia Legis Law Library Blog – “The Law Library of Congress’ Global Legal Research Directorate specializes in U.S. and foreign law, producing legal research reports that explain how countries around the world approach the regulation of particular topics. In the past decade, the Law Library of Congress has published dozens of reports. Millions of… Continue Reading

Pete Recommends – Weekly highlights on cyber security issues, February 6, 2021

Via LLRX – Pete Recommends – Weekly highlights on cyber security issues, February 6, 2021 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly… Continue Reading

Justice Delayed Is Justice Denied: Judges Fail To Rule in a Timely Manner on FOIA Cases

The FOIA Project at the Newhouse School TRAC/Syracuse University Report – “The Freedom of Information Act (FOIA) was passed to ensure the public’s right to know what their government was doing. Response delays have become a perennial problem. Federal officials increasingly ignore FOIA deadlines for responding, forcing FOIA requesters to take them to court. As… Continue Reading

ABA celebrates Black History Month with monthlong webinar series

“The American Bar Association Section of Civil Rights and Social Justice will celebrate Black History Month with a webinar series for various days in February, The Challenges that African Americans Face in the 21st Century, begins Wednesday, Feb. 3 and will run on Feb. 4, 5, 9, 10, 11, 23, 25 and 26. The series… Continue Reading

GW Program on Extremism – Capitol Hill Siege

“In keeping with our tradition of providing primary source documents to the research community and the public at large, The Program on Extremism has launched a project to create a central database of court records related to the events of January 6, 2021. This page will be updated as additional individuals are charged with criminal… Continue Reading