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Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

Description: This report discusses the appointment of Supreme Court Justices, including the President's selection of a nominee and process to reach confirmation in the Senate. The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President and Congress.
Date: September 3, 2010
Creator: Rutkus, Denis S.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Questioning Supreme Court Nominees About Their Views on Legal or Constitutional Issues: A Recurring Issue

Description: This report discusses a recurring Senate issue regarding what kinds of questions are appropriate for Senators to pose to a Supreme Court nominee appearing at hearings before the Senate Judiciary Committee. Particularly at issue has been whether, or to what extent, questions by committee members should seek out a nominee's personal views on current legal or constitutional issues or on past Supreme Court decisions that have involved those issues.
Date: June 23, 2010
Creator: Rutkus, Denis Steven
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations Not Confirmed, 1789-August 2010

Description: From 1789 through August 2010, Presidents submitted 160 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: August 20, 2010
Creator: Hogue, Henry B.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominee Elena Kagan: Selected Freedom of Speech Scholarship

Description: President Obama has nominated his Solicitor General, Elena Kagan, to be the next Supreme Court Justice. If confirmed, she would fill the seat being vacated by Justice John Paul Stevens upon his retirement at the end of the 2009/2010 term. Prior to her term as Solicitor General, Ms. Kagan, in her capacity as an academic and scholar, wrote influential pieces analyzing free speech jurisprudence. This report will explain these articles in further detail, as well as an additional, shorter piece, discussing the First Amendment implications of codes of conduct at public universities.
Date: June 18, 2010
Creator: Ruane, Kathleen Ann
Item Type: Report
Partner: UNT Libraries Government Documents Department

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010

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: August 6, 2010
Creator: Garrett, R. S. & Rutkus, Denis S.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominee Elena Kagan: Defamation and the First Amendment

Description: This report discusses prior writings by Supreme Court nominee Elena Kagan on the interaction of defamation law and the First Amendment of the Constitution. It is based on two articles on defamation law written by Kagan during her academic career at the University of Chicago Law School and the Harvard Law School. The most recent of these articles is from 2000, and Kagan has not revisited this topic in any published writings since then. Thus, these two articles appear to represent her most extensive examination of the interaction between the First Amendment and defamation law.
Date: June 10, 2010
Creator: Liu, Edward C.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010

Description: This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and 2010. It focuses on the actual amounts of time that Presidents and the Senate have taken to act after learning about vacancies, selections, etc. (as opposed to the elapsed time between official points in the process).
Date: April 21, 2010
Creator: Garrett, R. Sam & Rutkus, Denis Steven
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations, 1789 - 2009: Actions by the Senate, the Judiciary Committee, and the President

Description: This report explains in detail the process of appointing Supreme Court Justices, both as it stands currently and how it has changed over the last two centuries. The report includes a table that lists and describes actions taken by the Senate, the Senate Judiciary Committee, and the President on all Supreme Court nominations, from 1789 to the present.
Date: May 13, 2009
Creator: Rutkus, Denis Steven & Bearden, Maureen
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011

Description: This report examines the ways in which the Senate has handled the 160 Supreme Court nominations the President has sent to the Senate. As the purpose of this report is to examine the forms taken by Senate proceedings on these 160 nominations, it treats each nomination as a separate case. It is not couched in terms of the smaller number of different individuals nominated or the ultimate outcome the confirmation process may have had for each individual.
Date: March 11, 2011
Creator: Beth, Richard S. & Palmer, Betsy
Item Type: Report
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
Item Type: Report
Partner: UNT Libraries Government Documents Department

Judge Sonia Sotomayor: Analysis of Selected Opinions

Description: This report provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit. Discussions of the selected opinions are grouped according to various topics of legal significance.
Date: June 19, 2009
Creator: Henning, Anna C. & Thomas, Kenneth R.
Item Type: Report
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.
Item Type: Report
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
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Affirmative Action: Justice O'Connor's Opinions

Description: This report briefly surveys decisions of retiring Justice Sandra Day O'Connor in affirmative action cases, an area where her opinions have frequently determined the outcome. An examination of Justice O'Connor's opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings.
Date: July 19, 2005
Creator: Dale, Charles V.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department