Recess Appointments to the Federal Judiciary: An Unconstitutional Transformation of Senate Advice and ConsentThe importance of judicial independence from executive and legislative control is a deeply held tenet of American democracy. The Declaration of Independence, the Constitution, and some of the most ...
“I think it’s pretty clear that he has that authority,” said William Yeomans, a former Justice Department official who served asthe late Massachusetts Senator Edward Kennedy’s chief counsel on the Senate Judiciary Committee. “There’s a very strong argument tha...
NLRB v. Noel Canning Tests the Limits of Judicial Memory: Leon Higginbotham, Spottswood Robinson, and David Rabinovitz 'Rendered Illegitimate' Justice Breyer was also careful to avoid acknowledging the rich history of presidential employment of recess appointments to transform the judiciary. Such ......
Republicanswill have a majority in the Senatewhen President-elect Donald Trump returns to the White House in January. That means his Cabinet nominees will likely face an easier path to confirmation, even some who may be controversial. Among those areTrump's pickfor secretary of defense, Fox New...
IN RE APPLICABILITY OF SECTION 15, ARTICLE VII OF THE CONSTITUTION TO APPOINTMENTS TO THE JUDICIARY, ESTELITO P. MENDOZA, Petitioner,WOMEN TRIAL LAWYERSORGANIZATION OF THE PHILIPPINES, represented by YOLANDA QUISUMBING- JAVELLANA; BELLEZA ALOJADODEMAISIP; TERESITA GANDIONCO-OLEDAN; MA. VERENA ...
The Interdependency of Judicial Appointments: An Agent-Based Model of Appointments to the Federal JudiciaryUribe, Alicia
Al- locco's view is also in keeping with the rule of constitutional construction that, every provisionbeing an integral part of a logical whole, each part should be construed in the light of all the otherparts.-3 The court however, expressed a conviction that WILLIAM J. BRENNAN Oct...
The process for appointing judicial officers is of fundamental importance to the operation of the judicial system. The quality of the appointment will impact on the Judiciary many years after the appointment, especially for tenured judicial officers. It is critical that the process for appointing ...
JudiciaryPost-Retirement AppointmentsJudicial IndependenceThe issue of judicial independence in light of the executive's ever increasing encroachment in the judicial sphere through the lure of post retirement appointmeSocial Science Electronic Publishing...
This Paper assesses a different part of Chief Justice Rehnquist's legacy. Among the Chief Justice's significant statutory and customary powers over the federal judiciary is the authority to select, from among hundreds of judges who sit on lower federal courts, the particular jurists who will ...