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Questioning Judicial Nominees: Legal Limitations and Practice

Description: This report examines the relevant considerations for questioning judicial nominees. It describes applicable canons of judicial ethics that may discourage judicial nominees from answering certain questions posed by Members of Congress; which types of questions prior federal judicial nominees have answered or declined to answer, focusing on nominees for the U.S. Supreme Court; and some takeaways for Members.
Date: August 30, 2018
Creator: Lewis, Kevin M. & Brannon, Valerie C.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Records, Papers, Decisions: Kavanaugh Records and the Presidential Records Act

Description: This report discusses the release of records pertaining to Judge Brett Kavanaugh's tenure in the George W. Bush Administration and the Office of Independent Counsel Kenneth W. Starr, which have been the subject of ongoing congressional interest since Kavanaugh's nomination to the Supreme Court.
Date: August 27, 2018
Creator: Stuessy, Meghan M.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court

Description: This report provides an overview of Judge Kavanaugh's jurisprudence and discusses his potential impact on the Court if he were to be confirmed to succeed Justice Kennedy. It focuses upon those areas of law where Justice Kennedy can be seen to have influenced the High Court's approach to certain issues or served as a fifth and deciding vote on the Court, with a view toward how Judge Kavanaugh might approach these same issues.
Date: August 21, 2018
Creator: Nolan, Andrew & Lewis, Caitlain Devereaux
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee

Description: This report discusses the role played by the Senate Judiciary Committee in the process for appointing Supreme Court Justices. Each appointment to the nine-member Court is of consequence because of the enormous judicial power that the Court exercises, separate from, and independent of, the executive and legislative branches.
Date: August 14, 2018
Creator: McMillion, Barry J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Abortion, Justice Kennedy, and Judge Kavanaugh

Description: This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Just… more
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read?

Description: This report highlights many of Judge Brett M. Kavanaugh's judicial opinions that have received the greatest degree of attention from legal observers. Judge Kavanaugh, whom President Trump has nominated to fill the impending Supreme Court vacancy caused by Justice Anthony M. Kennedy's retirement from the Court, has amassed a voluminous record of judicial writings during his legal career. These writings are certain to be a key topic of interest as the Senate prepares to hold hearings and a possib… more
Date: July 25, 2018
Creator: Garcia, Michael John
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Judicial Opinions of Judge Brett M. Kavanaugh

Description: This report provides tabular listings of 306 cases in which Judge Kavanaugh authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Kavanaugh's judicial approach, as a judge's vote or decision to join an opinion authored by a colleague may not necessarily represent full agreement with a colleague's views.
Date: July 23, 2018
Creator: Garcia, Michael John
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Nomination: CRS Products

Description: This report lists key Congressional Research Service (CRS) products on the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as information on Supreme Court vacancies and nominations.
Date: July 12, 2018
Creator: Nolan, Andrew
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Appointment Process: President's Selection of a Nominee

Description: This report discusses the process for appointing Supreme Court Justices. Each appointment to the nine-member Court is of consequence because of the enormous judicial power that the Court exercises, separate from, and independent of, the executive and legislative branches.
Date: June 27, 2018
Creator: McMillion, Barry J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief

Description: This report explains the actions taken on April 6, 2017, by which the Senate effectively extended to Supreme Court nominations its November 2013 reinterpretation of Rule XXII regarding how many Senators are needed to invoke cloture for nominations being debated by the Senate. It concludes with a list of related CRS products that provide more history and context regarding the method used to reinterpret the Senate Rule, the nominations process, and cloture and filibusters.
Date: April 14, 2017
Creator: Heitshusen, Valerie
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court

Description: This report provides an overview of Judge Gorsuch's jurisprudence and discusses how the Supreme Court might be affected if he were to succeed Justice Scalia. It begins by discussing the nominee's views on two cross-cutting issues -- the role of the judiciary and statutory interpretation -- then addresses fourteen separate areas of law, arranged in alphabetical order, from "administrative law" to "takings." The report includes a table that notes the cases where the Supreme Court has reviewed maj… more
Date: March 8, 2017
Creator: Nolan, Andrew; Lewis, Caitlain Devereaux; Manuel, Kate M.; Cole, Jared P.; Elsea, Jennifer K. & Murrill, Brandon J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch

Description: This report provides a tabular listing of cases in which Judge Gorsuch authored a majority, concurring, or dissenting opinion. The opinions are categorized into three tables: Table 1 identifies opinions authored by Judge Gorsuch on behalf of a unanimous panel; Table 2 contains controlling opinions authored by Judge Gorsuch in which one or more panelists wrote a separate opinion; and Table 3 lists cases where Judge Gorsuch wrote a concurring or dissenting opinion.
Date: March 1, 2017
Creator: Garcia, Michael John; Herman, Sarah S.; Mulligan, Stephen P.; Tsang, Linda & Wyatt, Alexandra M.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Appointment Process: President's Selection of a Nominee

Description: This report discusses the process for appointing Supreme Court Justices. Each appointment to the nine-member Court is of consequence because of the enormous judicial power that the Court exercises, separate from, and independent of, the executive and legislative branches.
Date: February 6, 2017
Creator: McMillion, Barry J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Senate Action on U.S. Circuit and District Court Nominations During the Eighth Year of a Presidency

Description: This report discusses the process by which lower federal court judges are nominated by the President and approved by the Senate during the final year of a presidency. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges.
Date: June 30, 2016
Creator: McMillion, Barry J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Discharging a Senate Committee from Consideration of a Nomination

Description: Some press reports have suggested that the full Senate could vote in relation to the nomination of Merrick B. Garland to be an Associate Justice of the Supreme Court, even if the Senate Judiciary Committee does not act on the nomination. This report addresses questions concerning the exact nature of such a vote; it also explains the procedural steps that could be necessary to bring the nomination to a direct vote on the floor.
Date: April 5, 2016
Creator: Rybicki, Elizabeth
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Appointment Process: President's Selection of a Nominee

Description: This report discusses the process for appointing Supreme Court Justices. Each appointment to the nine-member Court is of consequence because of the enormous judicial power that the Court exercises, separate from, and independent of, the executive and legislative branches.
Date: April 1, 2016
Creator: McMillion, Barry J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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