PSCI 2481

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Judicial Nominations and Appointments

Q: What roles should the Senate and the President play?

Q: What standards should exist for federal judges?


Nominations before the Judiciary Committee: Statistics

Judiciary Committee Hearings: "Should Ideology Matter?: Judicial Nominations 2001" (June 26, 2001)

Nexus (Conference proceedings): "Should a Judge's Ideology Matter?"

JudicialSelection.org: Overview of Senators, Nominees, Vacanies (with a Republican spin)

President George Bush:

“Call for Action on Judicial Nominations” (March 11, 2003)

“President's Weekly Radio Address: Miguel Estrada” (February 22, 2003)

“Who Is Miguel Estrada? ” (March 12, 2003)

President Calls for Judicial Reform (May 9, 2003)

"Ask the White House" - A on-line discussion on judicial nominations (May 8, 2003)

The Republicans: Senators Orrin Hatch (R-UT) & Jeff Sessions (R-AL)

Sen. Hatch: Cloture Vote on Pryor Nomination

Sen. Hatch: "Causes and Effects of the Judicial Confirmation Crisis" (March 10, 2003)

Sen. Hatch: Opening Statement of Senator Orrin Hatch

Sen. Hatch: The Judicial Vacancy Crisis

Sen. Sessions: Statement of Senator Jeff Sessions (May 9, 2002)

The Democrats: Senators Patrick Leahy (D-VT) & Charles Schumer (D-NY):

Sen. Schumer: “White House Can't Go It Alone on Nominations” (April 27, 2001)

Sen. Schumer: “Role Of Ideology In Judicial Confirmation” (June 26, 2001)

Sen. Schumer: Clinton Judicial Nominees w/o Hearings (May 9, 2002)

Sen. Schumer: Bush Move To Curb ABA Review Will Hurt Federal Bench (March 22, 2001)

Sen. Leahy: Senator Leahy's Judicial Nominations Statements

The Debate in the Press:

Bob Herbert: “A Judge's Past” (New York Times, February 7, 2002)

Neil A. Lewis: “Judicial Confirmation Hearing Evokes Civil Rights Struggle” (New York Times, February 8, 2002)

Mona Charen: “Liberal Groups Smear Bush Nominee” (Boulder Daily Camera, February 9, 2002)

Clarence Page: “Bush Judicial Appointee's Grilling Is Well-Deserved” (Boulder Daily Camera, February 14, 2002)

Editorial: “Advice and Dissent” (New York Times, March 10, 2002)

Al Knight: “Judicial Wars Unending” (Denver Post, April 6, 2003)

Helen Dewar: Battle Over Judges Continues(Washington Post, July 31, 2003)

Editorial: Fueling the Fire (Washington Post, August 1, 2003)

Stephen Safranek and Joseph Falvey: Keep politics out of judicial nominations (Seattle Post-Intelligencer, July 30, 2003)

Richard Condon: Dems' judicial objections valid (Seattle Post-Intelligencer, August 7, 2003)

Editorial: Here's one employment problem Congress can solve (USA Today, July 24, 2003)

The Debate in the academic and political journals:

James L. Swanson: “Minority Rules: Filibustering the Constitution” (Cato Institute, May 6, 2003)

James L. Swanson: “The Coming Battle for the Court” (Cato Institute, April 29, 2003)

Clay Risen: "Half-Court Press" (The New Republic Online, August 8, 2003)

Kirk Victor: "Point Of Contention" (National Journal, July 4, 2003)

Stuart Taylor, jr.: "The Judicial Selection Wars: How a truce could be fashioned" (The Atlantic Online, May 27, 2003)

Randy Barnett: Benching Bork: How to end the war over judges (April 29, 2003)

John Dean: Should Ideology be considered? (FindLaw)

White House Calculus (National Journal, December 10, 2004)

Public and Private Interest Groups

American Judicature Society: Ideology in Federal Judicial Selection

American Center for Law and Justice: Justice and Only Justice

AFL-CIO: Why Judicial Appointments Are Important to Working Families

Concerned Women for America: Judicial Appointments In the 107th Congress

Eagle Forum: Court Watch

Andres: (Business) Leadership on court selections (Washington Times, January 20, 2005)

Bypassing Congress: Presidential Recess Appointments

Bypassing Congress Bush Installs Judge on Federal Appeals Court (NY Times, January 16, 2005)

A Judicial End Run (NY Times, January 17, 2005)

Bush Seats Judge Bypassing Senate Democrats (NY Times, January 17, 2005)

Bush Bypasses Senate On Judge (Washington Post, January 17, 2005)

End Run for Mr Pickering (Washington Post, January 18, 2005)

Senate Rules: The Judiciary Committee and The Filibuster

Filibuster Politics (Wall Street Opinion Journal, October 13, 2004)

Specter Denies Warning Bush Over Court Nominees (Washington Post, November 5, 2004)

Furor Continues Over Specter Comments (Washington Post, November 8, 2004)

The Specter of GOP Warfare (Washington Post, November 10, 2004)

For Specter, a Showdown Over Judiciary Chairmanship (Washington Post, November 15, 2004)

Frist Warns on Filibusters (NY Times, November 12, 2004)

GOP May Target Use of Filibuster (Washington Post, December 13, 2004)

Two Opponents of Abortion Are Tapped for Senate Judiciary Panel (Washington Post, December 21, 2004)

Salazar predicts fight over filibuster rules (Denver Post, December 27, 2004)

New GOP Senators May Back Filibuster Limits (LA Times, December 27, 2004)

First item as Congress convenes: Change the rules (Christian Science Monitor, January 3, 2005)

GOP Moderates Wary of Filibuster Curb (Washington Post, January 16, 2005)

Fili-bluster (Washington Post, January 16, 2005)

Going Nuclear (Wall Street Opinion Journal, January 24, 2005)

Resist the Filibuster Fiat (Washington Post, January 31, 2005)

Specter wary of 'nuclear option' (Washington Times, February 8, 2005)

Specter transcript (Washington Times, February 8, 2005)

Speculations the High Court Going Foreward: After the 2004 Election

High court's future hangs on the election (Denver Post, October 20, 2004)

Supreme Court Strategy (Wall Street Opinion Journal, November 9, 2004)

And The Nominees Are (Wall Street Opinion Journal, November 15, 2004)

Letting Go of Roe (Atlantic Monthly, January 2005)

The High Court's Unhealthy Secrecy (Washington Post, January 8, 2005)

Uncertainty Hangs Over Return of Supreme Court (Washington Post, January 9, 2005)

Ailing Chief Justice in No Rush to Go

The Court Is Open for Discussion (Washington Post, January 14, 2005)

Kinsley: Fool Me Twice (Washington Post, January 16, 2005)

How Long Is Too Long for the Court's Justices (NY Times, January 16, 2005)

Sighting of Rehnquist Provides No Hints on His Health (NY Times, January 20, 2005)

Bush's Real Legacy (Newsweek, January 21, 2005)

Lessons on reshaping the Supreme Court (Boston Globe, January 29, 2005)

To Some 'Chief Justice Scalia' Has a Certain Ring (Washington Post, January 30, 2005)

Senate Democrats Ready to Fight Nominees (NY Times, February 1, 2005)

Beyond Rock Paper Scissors (Los Angeles Times, February 6, 2005

Anticipating Lower Court Nominations Battles

Bush to Renominate 20 Judges Whom Democrats Have Resisted (NY Times, December 23, 2004)

Bush to Renominate 20 for Judgeships (AP, December 23, 2004)

Bush Will Renominate 20 Judges(Washington Post, December 24, 2004)

Bush Tries Again on Court Choices Stalled in Senate (NY Times, December 24, 2004)

Editorial: Wrong Step on Judges(Washington Post, January 3, 2005)

Judicial Activism

The Rights Kind of Activism (Washingtton Post, November 14, 2004)

GOP targets judges (Rocky Mountain News, January 3, 2004)

The Senate Should Stand on Principle