Susan Sullivan Lagon | November 2, 2021
Congress provides plenty of examples of procedures that were once rarely deployed but have since become routine: Filibusters instead of debate in the Senate, Continuing Resolutions (CRs) in place of regular annual appropriations, and playing chicken with the debt ceiling are among the most obvious. Fail-safes designed for exigent circumstances have become standard operating procedure.
Susan Sullivan Lagon | October 7, 2020
Justice Ruth Bader Ginsburg’s passing on September 18th reverberated throughout the nation and our institutions. Mourners congregated at the Supreme Court immediately following the news, with Mitch McConnell’s statement that the Senate would vote on President Trump’s nominee coming just over an hour after the Supreme Court’s announcement. The prospect of Judge Amy Coney
Josh Huder | October 2, 2020
The Supreme Court vacancy created by Ruth Bader Ginsburg’s passing has thrust the Senate’s constitutional confirmation function into an already chaotic 2020 election cycle. Senate Majority Leader McConnell appears poised for a pre-election rush to confirm Judge Amy Coney Barrett—in direct contravention of his previous statements about confirming Supreme Court nominees in election years and
GAI | May 8, 2019
Senior Fellow Mark Harkins discusses the current dust up between House Democrats and the President regarding subpoenas and oversight. Here is the entire article in the Las Vegas Review-Journal.
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
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
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
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
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.