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Supreme Court: Length of the Scalia Vacancy in Historical Context

Description: This report provides data and analysis related to the potential length of the current vacancy on the Supreme Court caused by the death of Antonin Scalia on February 13, 2016. Specifically, this report provides the number of days the Scalia vacancy will have existed on specified future dates if a nominee has not been confirmed.
Date: August 26, 2016
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Justice Antonin Scalia's Last Opinion

Description: This report discusses Justice Antonin Scalia's last opinion for the court (Kansas v. Carr). There, the Court reversed two decisions of the Kansas Supreme Court and held that "the Eighth Amendment [does not] require... capital-sentencing courts to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt." It also held that the Eighth Amendment did not require separate trials for two of the defendants in one of the Kansas cases.
Date: March 15, 2016
Partner: UNT Libraries Government Documents Department

What Does Justice Scalia's Death Mean for Congress and the Nation?

Description: This legal sidebar briefly provides an overview of the major implications of Justice Scalia's death for Congress. Justice Scalia's absence may alter the outcome of several cases of interest to Congress pending before the Court and could mark a seismic shift in many legal doctrines, depending on who is confirmed to fill the newly vacant seat on the Court. The job of confirming the President's nomination to fill the vacancy resides with the Senate, making Justice Scalia's death likely to have a profound impact in both the short and long term on Congress.
Date: February 16, 2016
Partner: UNT Libraries Government Documents Department

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

Description: This report outlines significant cases on which Supreme Court nominee Neil Gorsuch had voted while on the Tenth Circuit court, organized by topical categories. These categories represent fields of law where Judge Gorsuch could, if confirmed, influence the High Court's approach.
Date: February 13, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers

Description: In light of Elena Kagan's nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan's views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration.
Date: June 4, 2010
Creator: Tatelman, Todd B.
Partner: UNT Libraries Government Documents Department

From Solicitor General to Supreme Court Nominee: Responsibilities, History, and the Nomination of Elena Kagan

Description: This report examines both the office of the Solicitor General and the Justices who held that position before their elevation to the Court. After examining the office of the Solicitor General and its success before the Court, the report describes the professional careers of the four Justices who served as Solicitor General before joining the Court: William Howard Taft, Stanley Reed, Robert Jackson, and Thurgood Marshall. The final section of the report examines the career of Elena Kagan, noting in particular her service as Solicitor General.
Date: June 23, 2010
Creator: Navarro Smelcer, Susan & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury's Role in Criminal Sentencing

Description: This report discusses Justice John Paul Stevens' opinions on the Jury's role in criminal sentencing. Justice Stevens has played a critical role in the Supreme Court's interpretation of a jury's role in criminal sentencing. In 2000, he wrote the majority opinion for the Court in Apprendi v. New Jersey, a landmark case in which the Court held that a judge typically may not increase a sentence beyond the range prescribed by statute unless the increase is based on facts determined by a jury "beyond a reasonable doubt." In 2005, he wrote one of two majority opinions in United States v. Booker, in which the Court applied the Apprendi rule to the Federal Sentencing Guidelines. In those two cases and in several other cases on this issue during the past few decades, Justice Stevens has been a leading voice, articulating a broad interpretation of the jury trial and due process rights at issue.
Date: June 7, 2010
Creator: Henning, Anna C.
Partner: UNT Libraries Government Documents Department

Federalism Jurisprudence: The Opinions of Justice O'Connor

Description: This report examines the opinions of Justice O'Connor related to limits on federal power. In majority opinions regarding the Tenth Amendment, sovereign immunity, and the power of Congress under the 14th Amendment, she has emphasized the dictates of the Founding Fathers and noted the policies underlying federalism such as the promotion of state accountability.
Date: July 19, 2005
Creator: Thomas, Kenneth R. & Tatelman, Todd B.
Partner: UNT Libraries Government Documents Department

Abortion: Justice O'Connor's Opinions

Description: This report examines Justice O'Connor's notable opinions on abortion, and explores her role in the development of the undue burden standard, adopted in 1992. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an "undue burden" on a woman's right to obtain an abortion.
Date: July 15, 2005
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Supreme Court

Description: This report provides an overview of the Supreme Court's procedural rules and requirements when the Court is staffed with fewer than nine members. It includes an overview of the Court's quorum requirements, rehearing procedures, and vote count practices, with a focus on how the Court has traditionally responded to a change of composition during a term. The report concludes by highlighting over a dozen cases from the current term that could result in an evenly divided Supreme Court.
Date: February 25, 2016
Creator: Nolan, Andrew
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations Not Confirmed, 1789-2004

Description: This report discusses Supreme Court nominations that were not confirmed between 1789 and 2004 (comprising 34 nominations). Over the course of United States history, approximately one-quarter of the presidential nominations to the U.S. Supreme Court have failed to place a new Associate or Chief Justice on the bench.
Date: March 21, 2005
Creator: Hogue, Henry B.
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations Not Confirmed, 1789-2009

Description: From 1789 through 2009, Presidents submitted 159 nominations to Supreme Court positions. Of these, 36 were not confirmed by the Senate. This report provides a summary of these unsuccessful nominations and the factors that lead to them.
Date: May 11, 2010
Creator: Hogue, Henry B.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues

Description: During Justice John Paul Stevens's tenure on the Supreme Court, the Court has continued to develop its jurisprudence on these constitutional provisions in resolving tension between federal versus state authority. Justice Stevens himself has written notable opinions on a range of federalism issues.
Date: May 19, 2010
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

Description: While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens's conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in cases involving what Justice Kennedy and others have characterized as "horizontal" or "vertical" separation of powers.
Date: May 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

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
Partner: UNT Libraries Government Documents Department