Judiciary



Democrats’ Dilemma over the Federal Judiciary

Susan Sullivan Lagon | March 29, 2017

In all likelihood, Tenth Circuit Judge Neil Gorsuch will replace the late Justice Antonin Scalia on the Supreme Court. How he gets there is the question, not whether. If confirmed, Gorsuch will be a predictably conservative voice on the nation’s highest bench just like Scalia was. It’s the next vacancy that could shift the


Senate SCOTUS politics in 2016

Josh Huder | February 19, 2016

The passing of Justice Antonin Scalia this past weekend throws a new wrinkle into Senate politics. As if things were difficult enough for Majority Leader McConnell, he now has to navigate one of the Senate’s most important votes, or lack thereof, as he attempts to defend seven vulnerable Republican seats. President Obama is expected to


Judicial Relief

Susan Sullivan Lagon | June 26, 2015

It’s been a very good week for the former constitutional law professor currently in the White House.  The Supreme Court has upheld insurance subsidies for Americans in federal exchanges, rejecting the claim that “established by the states” meant the subsidy would be available only to those in states that had established health care exchanges under


Executive Orders v. Executive Actions

Susan Sullivan Lagon | February 27, 2015

Article II of the Constitution begins, “The executive Power shall be vested in a President of the United States of America.”  The extent of that “executive power” has been debated since the beginning of the republic—indeed, even earlier.  The Founders were familiar with John Locke’s concept of “executive prerogative” (that certain circumstances call for the


Senatorial Courtesy, Blue Slips Caught in the Fallout

Ian Millhiser has a very good piece on judicial nominations and blue slips over at Think Progress. It covers a lot of ground and is a wonderful read. However, I do have some bones to pick with his take. At the core of Millhiser’s argument are blue slips and their place in Senate history.