Written Testimony of Michael J. Gerhardt, Burton Craige Distinguished Professor of Jurisprudence, University of North Carolina A
Written Testimony of Michael J. Gerhardt, Burton Craige Distinguished Professor of Jurisprudence, University of North Carolina at Chapel Hill Submitted to Presidential Commission on the United States Supreme Court, August 9, 2021 1 Introduction and Overview My name is Michael Gerhardt. I am currently Burton Craige Distinguished Professor of Jurisprudence at the University of North Carolina at Chapel Hill, Scholar in Residence at the National Constitution Center, and the inaugural Richard Beeman Visiting Scholar and Senior Lecturer at the University of Pennsylvania Law School.1 I appreciate the invitation to submit written testimony to the Presidential Commission on the Supreme Court of the United States (hereafter “the Commission”). As directed, my written testimony will focus on the major subject matters that the Commission has been established to address in Executive Order 14023 (April 9, 2021). While I only speak for myself and in my individual capacity in this testimony, the views and recommendations expressed herein are informed by my experiences within the Supreme Court selection process and by my research and scholarship, including the book The Federal Appointments Process (Duke University Press, revised edition 2000). From 2009 to 2021, I have had the honor and privilege of serving as Special Counsel to the Democratic members of the Senate Judiciary Committee for the Supreme Court nominations of Sonia Sotomayor (2009), Elena Kagan (2010), Neil Gorsuch (2016), Brett Kavanaugh (2018), and Amy Coney Barrett (2020). In addition, I testified as an expert witness during the confirmation proceedings for Justice Samuel Alito (2006), was Special Counsel to the Ranking Member on the nomination of John Roberts as Chief Justice of the United States (2005), served as Special Counsel to the Clinton White House for the nomination of Stephen Breyer to the Supreme Court (1994), and was one of the eight members of the Clinton-Gore Justice Department 1 I am grateful to Albert F.
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