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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.
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
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

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
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.
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.
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

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.
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

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
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