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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

What Happens When Five Supreme Court Justices Can't Agree?

Description: This report discusses the Supreme Court case of "Hughes v. United States" where all five justices agreed on the party that should win but they could not agree on why that party should win. The report discusses what justice's opinion, if any should enter future law through case law precedent, similar past cases, and the background of the "Hughes" case.
Date: April 5, 2018
Creator: Lewis, Kevin M.
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

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

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.
Partner: UNT Libraries Government Documents Department

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 majority opinions written or joined by Judge Gorsuch.
Date: March 8, 2017
Creator: Nolan, Andrew; Devereaux Lewis, Caitlain; Manuel, Kate M.; Cole, Jared P.; Elsea, Jennifer K. & Murrill, Brandon J.
Partner: UNT Libraries Government Documents Department

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.
Partner: UNT Libraries Government Documents Department

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.
Partner: UNT Libraries Government Documents Department