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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

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
Partner: UNT Libraries Government Documents Department

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 possible vote on Judge Kavanaugh's nomination to the High Court.
Date: July 25, 2018
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department

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
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

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

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.
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

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900 - 2009

Description: This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and the present. It focuses on the actual amounts of time that Presidents and the Senate have taken to act (as opposed to the elapsed time between official points in the process). This report focuses on when the Senate became aware of the President's selection (e.g., via a public announcement by the President).
Date: May 29, 2009
Creator: Garrett, R. Sam & Rutkus, Denis Steven
Partner: UNT Libraries Government Documents Department