Topic
Appointments Clause
Posts
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CommentaryVol. 87 · Iss. 5
Diversity and the Federal Bench
Justice Sonia Sotomayor’s appointment was historic. She is the first Latina Supreme Court member and President Barack Obama’s initial appointment. Her confirmation is the…
Carl Tobias -
CommentaryVol. 88 · Iss. 2
A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional…
Eric J. Segall -
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
CommentaryVol. 88 · Iss. 2
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a proposed opening statement…
Eric J. Segall -
Online2021
A Matter of “Principal”: A Critique of the Federal Circuit’s Decision in Arthrex v. Smith & Nephew, Inc.
Abstract The Supreme Court recently granted certiorari in United States v. Arthrex. In that case, the Court of Appeals for the Federal Circuit held that administrative…
Patrick J. Sobkowski -
CommentaryVol. 94 · Iss. 4
Confirming Supreme Court Justices in a Presidential Election Year
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the…
Carl Tobias -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
CommentaryVol. 90 · Iss. 2
Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts
In April 2010, President Barack Obama nominated Edward DuMont to the United States Court of Appeals for the Federal Circuit, while more than one…
Carl Tobias