Congressional Record—Senate S2565
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Blue Slip Process for US Circuit and District
The Blue Slip Process for U.S. Circuit and District Court Nominations: Frequently Asked Questions (name redacted) Analyst in American National Government October 2, 2017 Congressional Research Service 7-.... www.crs.gov R44975 The Blue-Slip Process for U.S. Circuit and District Court Nominations: FAQs Summary The blue slip process used by the Senate Judiciary Committee (the committee) for U.S. circuit and district court nominations has received renewed interest from Senators. The committee’s use of the blue slip has been, since at least 1917, a feature of its consideration of U.S. circuit and district court nominations. After a President selects a nominee for a U.S. circuit or district court judgeship, the chairman sends a blue-colored form to the Senators representing the home state of the nominee. The form seeks the home state Senators’ assessment of the nominee. If a home state Senator has no objection to a nominee, the blue slip is returned to the chairman with a positive response. If, however, a home state Senator objects to a nominee, the blue slip is either withheld or returned with a negative response. Since the use of blue slips is not codified or included in the committee’s rules, the chairman of the committee has the discretion to determine the extent to which a home state Senator’s negative, or withheld, blue slip stops a President’s judicial nomination from receiving a committee hearing and a committee vote and, consequently, whether it reaches the Senate floor. Over the century of the use of the blue slip, different chairmen have used the blue slip in different ways. -
The Collision of Institutional Power and Constitutional Obligations: the Use of Blue Slips in the Judicial Confirmation Process
The Collision of Institutional Power and Constitutional Obligations: The Use of Blue Slips in the Judicial Confirmation Process Ryan C. Black Michigan State University Ryan J. Owens University of Wisconsin Anthony J. Madonna University of Georgia The authors would like to thank Mitchell Sollenberger for making his data available. Additional thanks to Ryan Bakker, Jamie Carson and Richard Vining for helpful comments. Abstract In recent years, judicial nominations to lower federal courts have been blocked privately by negative blue slips returned by home state senators. We examine the conditions under which senators return these negative blue slips and whether judicial qualifications can mitigate the possible negative effects of ideological distance. We discover two results. First, consistent with existing work, ideology plays a strong role in blue slipping. Second, and more important, we find that nominee qualifications mitigate ideological extremism--but only for district court nominees. That is, while past presidents could nominate well-credentialed ideologues to the circuit courts of appeals and see them confirmed, today’s presidents cannot. In short, if presidents nominate ideologues--even those who are well qualified--to circuit courts, we will continue to observe lengthy vacancies and bitter nomination struggles between the president and Congress over those important courts. 1 Former Supreme Court Justice Louis Brandeis once stated about government: “Sunlight is said to be the best of disinfectants” (Brandeis 1913). While few would argue with the normative premise behind Brandeis's comment, many consequential policy decisions occur in private. Perhaps nowhere is the deviation from transparency-in-government more profound than in nomination politics, where the Senate's most unique institutional power (to defeat measures via obstruction) intersects with its most unique constitutional power (advice and consent) and can thwart the goals of nominating presidents. -
Chapman Law Review
Chapman Law Review Volume 21 Board of Editors 2017–2018 Executive Board Editor-in-Chief LAUREN K. FITZPATRICK Managing Editor RYAN W. COOPER Senior Articles Editors Production Editor SUNEETA H. ISRANI MARISSA N. HAMILTON TAYLOR A. KENDZIERSKI CLARE M. WERNET Senior Notes & Comments Editor TAYLOR B. BROWN Senior Symposium Editor CINDY PARK Senior Submissions & Online Editor ALBERTO WILCHES –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Articles Editors ASHLEY C. ANDERSON KRISTEN N. KOVACICH ARLENE GALARZA STEVEN L. RIMMER NATALIE M. GAONA AMANDA M. SHAUGHNESSY-FORD ANAM A. JAVED DAMION M. YOUNG __________________________________________________________________ Staff Editors RAYMOND AUBELE AMY N. HUDACK JAMIE L. RICE CARLOS BACIO MEGAN A. LEE JAMIE L. TRAXLER HOPE C. BLAIN DANTE P. LOGIE BRANDON R. SALVATIERRA GEORGE E. BRIETIGAM DRAKE A. MIRSCH HANNAH B. STETSON KATHERINE A. BURGESS MARLENA MLYNARSKA SYDNEY L. WEST KYLEY S. CHELWICK NICHOLE N. MOVASSAGHI Faculty Advisor CELESTINE MCCONVILLE, Professor of Law CHAPMAN UNIVERSITY HAZEM H. CHEHABI ADMINISTRATION JEROME W. CWIERTNIA DALE E. FOWLER ’58 DANIELE C. STRUPPA BARRY GOLDFARB President STAN HARRELSON GAVIN S. HERBERT,JR. GLENN M. PFEIFFER WILLIAM K. HOOD Provost and Executive Vice ANDY HOROWITZ President for Academic Affairs MARK CHAPIN JOHNSON ’05 JENNIFER L. KELLER HAROLD W. HEWITT,JR. THOMAS E. MALLOY Executive Vice President and Chief SEBASTIAN PAUL MUSCO Operating Officer RICHARD MUTH (MBA ’05) JAMES J. PETERSON SHERYL A. BOURGEOIS HARRY S. RINKER Executive Vice President for JAMES B. ROSZAK University Advancement THE HONORABLE LORETTA SANCHEZ ’82 HELEN NORRIS MOHINDAR S. SANDHU Vice President and Chief RONALD M. SIMON Information Officer RONALD E. SODERLING KAREN R. WILKINSON ’69 THOMAS C. PIECHOTA DAVID W. -
The Religious Affiliations of Trump's Judicial Nominees
The Religious Affiliations of Trump's Judicial Nominees U.S. Supreme Court Religion Federalist Society Member Neil Gorsuch Catholic/Episcopal Listed on his SJQ U.S. Court of Appeals Amul Thapar Catholic Former John K. Bush Episcopal Yes Kevin Newsom Yes Amy Coney Barrett Catholic Yes Joan Larsen Former David Stras Jewish Yes Allison H. Eid Yes Ralph R. Erickson Catholic Stephanos Bibas Eastern Orthodox Yes Michael B. Brennan Yes L. Steven Grasz Presbyterian (PCA) Yes Ryan Wesley Bounds Yes Elizabeth L. Branch Yes Stuart Kyle Duncan Catholic Yes Gregory G. Katsas Yes Don R. Willett Baptist James C. Ho U.S. District Courts David Nye Mormon Timothy J. Kelly Catholic Yes Scott L. Palk Trevor N. McFadden Anglican Yes Dabney L. Friedrich Episcopal Claria Horn Boom Michael Lawrence Brown William L. Campbell Jr. Presbyterian Thomas Farr Yes Charles Barnes Goodwin Methodist Mark Norris Episcopal Tommy Parker Episcopal William McCrary Ray II Baptist Eli J. Richardson Tripp Self Baptist Yes Annemarie Carney Axon Liles C. Burke Methodist Donald C Coggins Jr. Methodist Terry A. Doughty Baptist Michael J. Juneau Christian A. Marvin Quattlebaum Jr. Presbyterian Holly Lou Teeter Catholic Robert E. Wier Methodist R. Stan Baker Methodist Jeffrey Uhlman Beaverstock Methodist John W. Broomes Baptist Walter David Counts III Baptist Rebecca Grady Jennings Methodist Matthew J. Kacsmaryk Christian Yes, in college Emily Coody Marks Yes Jeffrey C. Mateer Christian Terry F. Moorer Christian Matthew S. Petersen Former Fernando Rodriguez Jr. Christian Karen Gren Scholer Brett Joseph Talley Christian Howard C Nielson, Jr. Daniel Desmond Domenico Barry W. Ashe Kurt D. -
Shredding the Social Safety Net
Shredding the Social Safety Net Introduction The coronavirus pandemic of 2020 has revealed an urgent need to shore up our nation’s infrastructure for supporting public health and welfare, as millions of Americans struggle to access health care and financial resources. Yet that infrastructure is in fact more endangered than ever – thanks in large part to a quiet right-wing revolution that has been taking place within the federal court system. Even after the current health crisis is over, this transformation will have the potential to change the nature of American life and, if it proceeds unchecked, could effectively choke off the next president’s ability to govern. Through strategic appointments to the federal bench, the far right has in recent years achieved astonishing progress toward its long-held goal to do away with a wide range of government powers and authorities that it sees as impeding the “free market.” Most alarmingly, these efforts have been focused on using the federal courts as tools to gut protections for public health, safety and welfare. It’s a plan that aims to do nothing less than to shred the social safety net that has underpinned American society for decades, including all the landmark achievements of the New Deal. No electorate would ever vote for candidates pledging to dirty the water, pollute the air, deprive senior citizens of Social Security or strip health care coverage for people with preexisting conditions. So Republicans have chosen to pursue these goals through the federal courts, which essentially allows them to achieve their ends while flying under the radar. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
Angry Judges
Angry Judges Terry A. Maroney* Abstract Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment—precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in the right way. Modern affective psychology, for its part, offers empirical tools with which to determine whether and when anger conforms to Aristotelian virtue. This Article weaves these strands together to propose a new model of judicial anger: that of the righteously angry judge. The righteously angry judge is angry for good reasons; experiences and expresses that anger in a well-regulated manner; and uses her anger to motivate and carry out the tasks within her delegated authority. Offering not only the first comprehensive descriptive account of judicial anger but also first theoretical model for how such anger ought to be evaluated, the Article demonstrates how judicial behavior and decision making can benefit by harnessing anger—the most common and potent judicial emotion—in service of righteousness. Introduction................................................................................................................................ -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Enforcing the Origination Clause in the House of Representatives
Blue-Slipping: Enforcing the Origination Clause in the House of Representatives October 1, 2020 Congressional Research Service https://crsreports.congress.gov R46556 SUMMARY R46556 Blue-Slipping: Enforcing the Origination Clause October 1, 2020 in the House of Representatives James V. Saturno Article I, Section 7, clause 1, of the U.S. Constitution is known generally as the Origination Specialist on Congress and Clause because it requires that the Legislative Process All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. As generally understood, this clause carries two kinds of prohibitions. First, the Senate may not originate any measure that includes a provision for raising revenue, and second, the Senate may not propose any amendment that would raise revenue to a House-passed non-revenue measure. However, the Senate may generally amend a House-originated revenue measure as it sees fit. Although the House may choose to enforce its prerogative through any of several methods, the most common is through the adoption of a privileged resolution returning the measure to the Senate. Because this resolution has historically been printed on blue paper, this is known as blue-slipping. This report also includes a table identifying all measures returned to the Senate as a result of a blue-slip resolution during the 102nd-116th Congresses (1991-2020). For more information on the Origination Clause and its enforcement, see CRS Report RL31399, The Origination Clause of the U.S. Constitution: Interpretation and Enforcement, by James V. Saturno. Congressional Research Service Blue-Slipping: Enforcing the Origination Clause in the House of Representatives Contents Tables Table 1. -
R. Bruce Josten Executive Vice President, Government Affairs U.S
U.S. Chamber of Commerce Association Committee of 100 June 23, 2014 The Greenbrier White Sulphur Springs, WV Remarks by: R. Bruce Josten Executive Vice President, Government Affairs U.S. Chamber of Commerce Last fall, I suggested to this group that the government was simply not working and that doubts about the government’s ability to function were growing. In January the NYTs reported on an AP-NORC Center for Public Affairs Research poll that found Americans “with a profoundly negative view of their government with 70% lacking confidence in the government's ability “to make progress on the important problems and issues facing the country in 2014.” While that poll no doubt reflected the government shutdown, the same poll found Americans divided on how active they want government to be. Half said "the less government the better." Yet, almost as many (48 percent) said "there are more things that government should be doing." Pew released a poll that found for the first time in polling, a majority of the public (53%) believes their federal government threatens their personal rights and freedoms. That finding was followed by a Gallup poll reporting a record-high 72% of Americans naming “big government” as the greatest threat to the country in the future. A USA Today/Bipartisan Policy Center poll found no partisan divide with Americans saying it’s more important for Congress to stop bad laws than to pass new laws with 54% of Republicans and 51% of Democrats agreeing. Polls, however, continue to show that at the core of American’s frustration and alienation is the belief today that the American Dream is no longer attainable. -
Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate
The Forum Volume 9, Issue 4 2011 Article 9 GOVERNING THROUGH THE SENATE Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate Ryan C. Black, Michigan State University Anthony J. Madonna, University of Georgia Ryan J. Owens, University of Wisconsin Recommended Citation: Black, Ryan C.; Madonna, Anthony J.; and Owens, Ryan J. (2011) "Obstructing Agenda- Setting: Examining Blue Slip Behavior in the Senate," The Forum: Vol. 9: Iss. 4, Article 9. DOI: 10.2202/1540-8884.1476 ©2012 De Gruyter. All rights reserved. Brought to you by | University of Wisconsin - Madison Libraries (University of Wisconsin - Madison Libraries) Authenticated | 172.16.1.226 Download Date | 7/11/12 5:57 PM Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate Ryan C. Black, Anthony J. Madonna, and Ryan J. Owens Abstract Senators increasingly use obstructive tactics to stall or kill legislation. Unfortunately, because senators can obstruct privately, scholars have little understanding of the conditions under which they do so. Using previously unreleased data from 2001-2009, we examine Senate obstruction by focusing on blue slipping behavior. We find that extreme members who do not belong to the president's party are most likely to employ negative blue slips. Thus, as moderate senators continue to be replaced by more extreme members, senators will increasingly use obstructive tactics. KEYWORDS: Senate, agenda-setting, obstructive tactics Author Notes: Ryan C. Black ([email protected]) is Assistant Professor of Political Science at Michigan State University. His research and teaching interests focus on the federal courts, with a primary emphasis on the U.S. Supreme Court and the U.S. -
January 23, 2018 OPPOSE the CONFIRMATION of MICHAEL
Officers January 23, 2018 Chair Judith L. Lichtman National Partnership for Women & Families Vice Chairs Jacqueline Pata National Congress of American Indians OPPOSE THE CONFIRMATION OF MICHAEL BRENNAN TO THE Thomas A. Saenz Mexican American Legal U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT Defense and Educational Fund Hilary Shelton NAACP Secretary Dear Senator: Jo Ann Jenkins AARP Treasurer Lee A. Saunders On behalf of The Leadership Conference on Civil and Human Rights, a coalition of more American Federation of State, County & Municipal Employees than 200 national organizations committed to promoting and protecting the civil and human Board of Directors rights of all persons in the United States, I write in strong opposition to the confirmation of Helena Berger American Association of Michael Brennan to the U.S. Court of Appeals for the Seventh Circuit. People with Disabilities Kimberly Churches AAUW Kristen Clarke Mr. Brennan’s nomination is objectionable both on process and substance grounds. Now Lawyers' Committee for Civil Rights Under Law that a Republican occupies the White House, Chairman Grassley has reversed his own Lily Eskelsen García adherence to the century-old practice of only scheduling hearings for judicial nominees who National Education Association Fatima Goss Graves have the support of both home-state senators. If he were following the practice he required National Women's Law Center Chad Griffin under the previous administration, Mr. Brennan would not move forward in the confirmation Human Rights Campaign Wylecia Wiggs Harris process because Senator Tammy Baldwin opposes this nominee and has not returned her League of Women Voters of the United States blue slip.