DOCSLIB.ORG

Federalist Paper Template

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Federalist Paper Template THE Federalist PAPER THE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG Winter 2019 THE FEATURES PAPER FederalistTHE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG BOARD OF DIRECTORS BOARD OF VISITORS Prof. Steven G. Calabresi, Chairman Mr. Christopher DeMuth, Co-Chairman Hon. David M. McIntosh, Vice Chairman Hon. Orrin G. Hatch, Co-Chairman Prof. Gary Lawson, Secretary Prof. Lillian BeVier 4 National Lawyers Mr. Brent O. Hatch, Treasurer Mr. George T. Conway Convention Hon. T. Kenneth Cribb Ms. Kimberly O. Dennis Hon. C. Boyden Gray Mr. Michael W. Gleba Mr. Leonard A. Leo, Executive VP Hon. Lois Haight Herrington 6 Student Division Hon. Edwin Meese, III Hon. Donald Paul Hodel Mr. Eugene B. Meyer, President Hon. Frank Keating, II 8 Lawyers Chapters Hon. Michael B. Mukasey Hon. Gale Norton Hon. Lee Liberman Otis, Senior VP Hon. Theodore B. Olson Prof. Nicholas Quinn Rosenkranz Mr. Andrew J. Redleaf 10 Faculty Division Hon. William Bradford Reynolds Ms. Diana Davis Spencer 12 Practice Groups Mr. Theodore W. Ullyot 14 Article I & STAFF International President Executive Vice President Senior Vice President Eugene B. Meyer Leonard A. Leo Lee Liberman Otis 15 Digital Student Division Lawyers Chapters Peter Redpath, VP & Director Lisa Budzynski Ezell, VP & Director 16 State Courts Kamron Kompani, Deputy Director Sarah Landeene, Deputy Director Kate Alcantara, Deputy Director Katherine Fugate, Associate Director 17 RTP Faculty Division Practice Groups Lee Liberman Otis, Director Dean Reuter, VP & General Counsel 18 Membership Anthony Deardurff, Deputy Director Erica E. Munkwitz, Deputy Director Brigid Flaherty, Associate Director Wesley G. Hodges, Associate Director 19 Resources Jim D. Pennell, Assistant Director Micah Wallen, Assistant Director Jennifer Weinberg, Academic Consultant Regulatory Transparency Project External Relations Devon Westhill, Director Jonathan Bunch, VP & Director Colton Graub, Associate Director Peter Bisbee, Director, State Courts Nathan Beacom, Assistant Director Elizabeth Cirri, Assistant Director Article I Initiative International Affairs Nathan Kaczmarek, Director James P. Kelly, III, Director, Of Counsel Conferences Paul Zimmerman, Deputy Director Juli A. Nix, Director Development Publications Jon T. Staab, Director Katie McClendon, Director Christina Tenney, Major Gifts Officer Stuart Beckett, Assistant Director Membership & Alumni Relations Paige Williams, Director Digital Jenny Mahoney, Coordinator Daniel T. Richards, VP & Director Administration Matt Wood, Director, FedSoc Films Douglas C. Ubben, VP & Director, Finance THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Samantha Schroeder, Deputy Director, FedSoc Films C. David Smith, VP & Director, IT Jenny DeMarco, Assistant Director, Digital Maria Marshall, Director of Operations, Strategy Office of the Executive VP Alex Yershov, Associate Director, Digital Amy Harper, Assistant Director, Finance Operations Shiza Francis, Assistant Director, Office Ann Hartley, Assistant Director, FedSoc of the Executive VP Films Rhonda Moaland, Office Manager “The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgment, the consequence would equally be the substitution of their pleasure to that of the legislative body.” 2 Federalist No. 78 EDITOR’S LETTER THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST The promenade of the Mayflower Hotel, where attendees mingle between panels at the National Lawyers Convention. Dear Friend, The Federalist Society hosted the annual National Lawyers Our Practice Groups have not slowed down since planning and Convention this past November at the Mayflower Hotel in sponsoring the breakout sessions at the NLC. They continue to Washington, DC. The NLC continues to be the highlight of our year, produce excellent commentary on legal and policy issues in their and it has grown every year in both numbers and quality. This year’s teleforum conference calls, in the Federalist Society Review, and theme was Good Government through Agency Accountability on the Fed Soc Blog. and Regulatory Transparency, and our four showcase panels The Article I Initiative has hosted or co-hosted several events covered that topic from several interesting angles. Breakout sessions recently, as has the International Affairs Division. Our Digital sponsored by our fifteen practice group touched on that topic and team has been hard at work producing mini-documentaries and branched out into other areas of law. Thursday night’s Antonin other short videos; see inside for some examples, and watch them Scalia Memorial Dinner featured a keynote conversation between at youtube.com/thefederalistsociety. See inside for information former White House Counsel Don McGahn and Senate Majority about our new and improved State Court Docket Watch, a project Leader Mitch McConnell about judicial selection. See inside for of our External Relations team. The Regulatory Transparency more details and photos of the Convention. Mark your calendar Project continues to produce excellent papers, podcasts, and videos, now for November 14-16, and join us for NLC 2019! some of which are listed in this issue and all of which you can access Our Student Chapters are doing great work as always. The 2019 at regproject.org. National Student Symposium is coming up March 15-16, and it We hope you enjoy this look at our recent events and commentary. will be held in sunny Phoenix, Arizona. See inside for profiles of Keep up with us between issues on social media and at fedsoc.org, an outstanding Student Chapter and a longtime and much-loved and please send us any comments at [email protected]. We look speaker. The annual Western Chapters Conference and Florida forward to hearing from you! Chapters Conference were just held back-to-back this winter, and you can see photos from those events inside. The Faculty Division’s annual conference took place in New Orleans in early January, and Katie McClendon it featured several interesting panels and workshops. Director of Publications 3 NATIONAL LAWYERS CONVENTION • Prof. Richard Epstein, NYU Law • Prof. Philip Hamburger, Columbia Law • Prof. Kathryn Kovacs, Rutgers Law • Prof. Jon Michaels, UCLA Law • Hon. Britt Grant, 11th Circuit (moderator) Showcase Panel I: What is Regulation For? • Hon. Steven G. Bradbury, U.S. Dep’t of Transportation • Dr. Cary Coglianese, Penn Law • Prof. Susan Dudley, George Washington Senator Mitch McConnell and Former White Counsel Don McGahn University discussed judicial selection at the Antonin Scalia Memorial Dinner. • Prof. Catherine M. Sharkey, NYU Law • Hon. Michael B. Brennan, Showcase Panel II: Balancing Insulation and 7th Circuit (moderator) Accountability of Agency Decisions • Prof. Nestor Davidson, Fordham Law • Prof. Chris Green, Mississippi Law • Prof. Miriam Seifter, Wisconsin Law • Hon. Jeffrey Sutton, 6th Circuit • Hon. Michael Scudder, 7th Circuit (moderator) Showcase Panel III: The States & Administrative Law • Hon. C. Boyden Gray, Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Boyden Gray & Assoc. Circuit delivered the 18th Annual Barbara K. Olson Memorial Lecture. • Prof. Kristin Hickman, Minnesota Law • Prof. Sally Katzen, NYU Law RESOLVED: District courts do not have the authority to enter universal injunctions. • Prof. Nicholas Parrillo, THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Yale Law • Hon. David Stras, 8th Showcase Panel IV: Does Agency Regulatory Circuit (moderator) Power Extend Beyond its Formal Power, and Should It? • Mr. Richard Brookhiser, Author of John Marshall: The Man Who Made the Supreme Court • Hon. S. Kyle Duncan, 5th Circuit • Hon. Kevin Newsom, 11th Circuit • Mr. David B. Rivkin, Jr., BakerHostetler • Hon. William H. Pryor, Jr., John4 Marshall: The Man Who Made the Supreme 11th Circuit (moderator) Hon. Beth A. Williams moderated the Rosenkranz Debate between Court Prof. John Harrison (UVA Law) and Neal Katyal (Hogan Lovells). NATIONAL LAWYERS CONVENTION THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Opening Address by Sen. Mike Lee Senator Mitch McConnell and Former White Counsel Don McGahn discussed judicial selection at the Antonin Scalia Memorial Dinner. Address by HHS Secretary Alex Azar Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit delivered the 18th Annual Barbara K. Olson Memorial Lecture. RESOLVED: District courts do not have the authority to enter universal injunctions. Evolution of the District Courts • Hon. Thomas Hardiman, 3rd Circuit • Hon. Michael B. Mukasey, Debevoise & Plimpton, Former U.S. Attorney General • Hon. William E. Smith, District of Rhode Island • Hon. Amul Thapar, 6th Circuit • Hon. Carlos T. Bea, 9th Circuit Hon. Beth A. Williams moderated the Rosenkranz Debate between 5 Prof. John Harrison (UVA Law) and Neal Katyal (Hogan Lovells). STUDENT DIVISION The University of Michigan Law School’s Federalist Society Student Chapter has been doing a great CHAPTER PROFILE: job this year. Check out some of the developments University of in their chapter! New Developments in the Chapter Michigan Law This Year • The first isssue of the Madison Profile—the University of Michigan Federalist Society’s new School newsletter—was published in December • Record 1L involvement with more than twenty active 1L members • Fed Soc outline bank • Mini-lecture series on Bluebook citations by a recent alum to help 1Ls prepare for the Law Review write-on process Notable
Load more

Recommended publications
  • Committee on the Judiciary, U.S. House Of
    1 COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. INTERVIEWOF: DON MCGAHN Friday,June 4,2021 Washington,D.C. The interviewin the above matter was held in Room2141, Rayburn House Office Building,commencingat 10:05 a.m. 2 Present: RepresentativesNadler, Jackson Lee,Johnson of Georgia, Raskin, Scanlon, Dean, Jordan, and Gaetz. Staff Present: Perry Apelbaum,Staff Directorand Chief Counsel; Aaron Hiller, Deputy Chief Counsel; Arya Hariharan,Chief Oversight Counsel; Sarah Istel,Oversight Counsel; PriyankaMara, ProfessionalStaff Member; Cierra Fontenot,Chief Clerk; Kayla Hamedi,Deputy PressSecretary; Will Emmons,ProfessionalStaff Member; Anthony Valdez, ProfessionalStaff Member; Steve Castor,Minority GeneralCounsel; James Lesinski, Minority Counsel; Betsy Ferguson,Minority Senior Counsel; Caroline Nabity, Minority Counsel; Michael Koren, Minority Senior ProfessionalStaff; Darius Namazi, Minority Research Assistant; and Isabela Belchior, Legislative Director for Representative Matt Gaetz. 3 Appearances: For DONMCGAHN: ALLISON MCGUIRE WILLIAM A. BURCK QUINN EMANUEL URQUHART & SULLIVAN, LLP 1300 I Street NW Suite 900 Washington,D.C. 20005 For the DEPARTMENT OF JUSTICE: ELIZABETH SHAPIRO, COUNSEL For the OFFICE OF THE FORMERPRESIDENT TRUMP: SCOTT GAST 4 Mr. Hiller. All right. We'll go on the record. Good morning. I'm Aaron Hiller,deputy chief counselfor the House Judiciary Committee,and I havethe honor of kickingthings off today. This is a transcribed interview of former White House counsel, Donald F. McGahn. Would the witness please state his name and formal position at the White House for the record? Mr. McGahn. I'mDonald McGahn. I was the counsel to the President. Mr. Hiller. Thank you, sir. Thank you for appearingheretoday. I will now ask everyone who is herein the roomto introducethemselves for the record.
    [Show full text]
  • Testimonial Immunity Before Congress of the Former Counsel to the President
    (Slip Opinion) Testimonial Immunity Before Congress of the Former Counsel to the President The immunity of the President’s immediate advisers from compelled congressional testimony on matters related to their official responsibilities has long been recognized and arises from the fundamental workings of the separation of powers. This immunity applies to former senior advisers such as the former White House Counsel. According- ly, the former Counsel is not legally required to appear and testify about matters relat- ed to his official duties as Counsel to the President. The President does not waive an adviser’s immunity from compelled congressional testimony by authorizing disclosure of any particular information. The disclosure’s impact on executive privilege does not ultimately bear on any underlying immunity from compelled testimony. Because Congress may not constitutionally compel the former Counsel to testify about his official duties, he may not be civilly or criminally penalized for following a presiden- tial directive not to appear. The same rationale applies equally to an exercise of inher- ent contempt powers against a senior aide who has complied with a presidential direc- tion that he not provide testimony to a congressional committee. May 20, 2019 MEMORANDUM FOR THE COUNSEL TO THE PRESIDENT On April 22, 2019, the Committee on the Judiciary of the House of Representatives subpoenaed Donald F. McGahn II, the former Counsel to the President, to testify about matters described in the report of Special Counsel Robert S. Mueller, III. You have asked whether Mr. McGahn is legally required to appear. We provide the same answer that the Department of Justice has repeat- edly provided for nearly five decades: Congress may not constitutionally compel the President’s senior advisers to testify about their official duties.
    [Show full text]
  • Thomas Hardiman Trump’S Supreme Court Shortlist: Thomas Hardiman
    ALLIANCE FOR JUSTICE SNAPSHOT Trump’s Supreme Court Shortlist: Thomas Hardiman Trump’s Supreme Court Shortlist: Thomas Hardiman Thomas Hardiman, currently a judge on the U.S. Court of Appeals for the Third Circuit, is on President Trump’s shortlist for the U.S. Supreme Court. Protections for the Wealthy and Powerful Over the Rights of All Hardiman consistently sides with the wealthy and powerful at the expense of everyday people. He has taken the position that it should be more difficult for everyday Americans –– workers, consumers, middle-class Americans, and small business owners –– to hold corporations and bad actors accountable. In 2018, Hardiman announced to a Federalist Society Convention: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be tried without any discovery.” Such a rule would enable corporations and those who commit wrongdoing to hide critical evidence and deprive those with modest-dollar cases of their ability to argue their case in court, including individuals whose cases involve important rights. Hardiman has repeatedly ruled against the rights of workers. In 2015, Hardiman sided against nearly 1,800 truck drivers who were laid off and not paid approximately $8 million they were owed due to the short notice. Under Hardiman’s decision about the company’s bankruptcy, which the Supreme Court later reversed, banks and other lenders were paid first. One person from the company who had terminal cancer was unable to find replacement health insurance and passed away. In another case, Hardiman ruled for Allstate after it fired 6,200 sales agents, offering to bring them back as independent contractors on the condition that they sign away their rights to existing claims against the company, including discrimination claims.
    [Show full text]
  • MEMORANDUM FROM: Victoria Bassetti, Fellow, Brennan Center for Justice TO: Interested Parties DATE: April 11, 2018 RE
    Brennan Center for Justice At New York University School of Law Washington, D.C. Office 1140 Connecticut Ave. NW, Suite 1150 Washington, D.C. 20036 Phone 202.249.7190 Fax 202.223.2683 MEMORANDUM FROM: Victoria Bassetti, Fellow, Brennan Center for Justice TO: Interested Parties DATE: April 11, 2018 RE: DOJ ORDER OF SUCCESSION If President Donald Trump wanted to fire Special Counsel Robert Mueller he would have to get the Attorney General to do so. By law, only the Attorney General can fire Mueller. The President himself cannot do so. In the wake of Attorney General Jeff Sessions’ recusal from the matter, Deputy Attorney General Rod Rosenstein has been the Acting Attorney General regarding Russian interference with the 2016 election and related matters. Rosenstein appointed Mueller as Special Counsel on May 17, 2017.1 He did so under his statutory authority to “specially appoint[]” an attorney to “conduct any kind of legal proceeding.” In addition, he indicated that Mueller would be bound by regulations governing Special Counsels. 2 Those regulations provide that only the Attorney General can only fire the Special Counsel for cause and must do so in writing. They provide: The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.3 In addition, since Mueller was appointed pursuant to a statutory provision, Supreme Court precedent holds that he can only be removed by the department head (i.e.
    [Show full text]
  • Notre Dame Lawyer—2018 Notre Dame Law School
    Notre Dame Law School NDLScholarship Notre Dame Lawyer Law School Publications 2018 Notre Dame Lawyer—2018 Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/nd_lawyer Part of the Law Commons Recommended Citation Notre Dame Law School, "Notre Dame Lawyer—2018" (2018). Notre Dame Lawyer. 39. https://scholarship.law.nd.edu/nd_lawyer/39 This Book is brought to you for free and open access by the Law School Publications at NDLScholarship. It has been accepted for inclusion in Notre Dame Lawyer by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Q&A with Dean Newton Pg. 2 Big Ideas The expansion of ND Law’s intellectual property program is bearing fruit Pg. 20 20 18 A DIFFERENT KIND of LAWYER PHOTOGRAPHY Alicia Sachau and University Marketing Communications EDITOR Kevin Allen Notre Dame Lawyer 1337 Biolchini Hall Notre Dame, IN 46556 574-631-5962 [email protected] Inside 2 Dean Newton 4 Briefs & News 10 Profiles: A Different Kind of Lawyer 16 London Law at 50 20 Intellectual Property 26 Father Mike 30 Faculty News 36 Alumni Notes 44 In Memoriam 46 The Couples of ’81 48 Interrogatory Briefs Dean Newton Steps Down Joseph A. Matson Dean and Professor of Law Nell Jessup Newton will conclude her tenure as dean of Notre Dame Law School on June 30, 2019, after 10 years of service. What was your rela- ÅZ[\\QUMIVLM^MVUMM\QVO sion that leads to follow-up tionship with Notre Dame Fr. Ted. These memories MUIQT[)_ITSIZW]VL\PM before you became the Law are even more tender TISM[WZ\W\PM/ZW\\WKIV School’s dean? because Rob died in 1995 provide a moment to be My brother Rob Mier of lymphoma caused by his grateful for all the ways that attended ND on a Navy exposure to Agent Orange the Notre Dame community ROTC scholarship.
    [Show full text]
  • Senate Confirms Lawrence Vandyke to Seat on Ninth Circuit Court of Appeals
    N E W S R E L E A S E December 11, 2019 Contact: Amy Weitz (415) 355-8930 Senate Confirms Lawrence VanDyke to Seat on Ninth Circuit Court of Appeals SAN FRANCISCO – The United States Senate today confirmed President Donald Trump’s nomination of Deputy Assistant Attorney General Lawrence VanDyke to serve as a judge of the U.S. Court of Appeals for the Ninth Circuit. Senators gave their consent by a vote of 51-44. Mr. VanDyke, who is expected to maintain chambers in Las Vegas or Reno, Nevada, was nominated to the court on October 15, 2019. He fills the seat of Circuit Judge Jay S. Bybee, who will assume senior status on December 31, 2019. Mr. VanDyke joined the U.S. Department of Justice’s Environment and Natural Resources Division as the deputy assistant attorney general this year. Previously he served as the solicitor general for the states of Nevada and Montana, and before that position he served as the assistant solicitor general for the State of Texas. Earlier in his career he clerked for Circuit Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and worked as an associate attorney at the Dallas and Washington, D.C., offices of Gibson Dunn & Crutcher, LLP, before and after that clerkship. While in college, Mr. VanDyke was vice president of Performance Machinery Company and project manager of VanDyke Construction Company in Bozeman, Montana. Born in Midland, Texas, Mr. VanDyke received his bachelor’s degree in English, with highest honors, and his Master of Construction Engineering Management from Montana State University in 1997 and 2000, respectively; his bachelor’s degree in theology from Bear Valley Bible Institute, summa cum laude, in 2002; and his juris doctor, magna cum laude, in 2005 from Harvard Law School, where he was editor of the Harvard Law Review and editor of the Harvard Journal of Law and Public Policy.
    [Show full text]
  • Worry Over Mistreating Clots Drove Push to Pause J&J Shot
    P2JW109000-6-A00100-17FFFF5178F ****** MONDAY,APRIL 19,2021~VOL. CCLXXVII NO.90 WSJ.com HHHH $4.00 Last week: DJIA 34200.67 À 400.07 1.2% NASDAQ 14052.34 À 1.1% STOXX 600 442.49 À 1.2% 10-YR. TREASURY À 27/32 , yield 1.571% OIL $63.13 À $3.81 EURO $1.1982 YEN 108.81 Bull Run What’s News In Stocks Widens, Business&Finance Signaling More stocks have been propelling the U.S. market higher lately,asignal that fur- Strength ther gains could be ahead, but howsmooth the climb might be remains up fordebate. A1 Technical indicators WeWork’s plan to list suggestmoregains, stock by merging with a but some question how blank-check company has echoes of its approach in smooth theywill be 2019,when the shared-office provider’s IPO imploded. A1 BY CAITLIN MCCABE Citigroup plans to scale up its services to wealthy GES Agreater number of stocks entrepreneurs and their IMA have been propelling the U.S. businesses in Asia as the market higher lately,asignal bank refocuses its opera- GETTY that—if historyisany indica- tions in the region. B1 SE/ tor—moregains could be ahead. What remains up forde- A Maryland hotel mag- bate, however, is how smooth natebehind an 11th-hour bid ANCE-PRES FR the climb will be. to acquireTribune Publish- Indicatorsthat point to a ing is working to find new ENCE stronger and moreresilient financing and partnership AG stock market have been hitting options after his partner ON/ LL rare milestones recently as the withdrew from the deal.
    [Show full text]
  • 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.
    [Show full text]
  • Contempt of Courts? President Trump's
    CONTEMPT OF COURTS? PRESIDENT TRUMP’S TRANSFORMATION OF THE JUDICIARY Brendan Williams* Faced with a letter from the American Bar Association (ABA) assessing him as “arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice,” Lawrence VanDyke, nominated by President Trump to serve on the Ninth Circuit Court of Appeals, cried during an October 2019 confirmation hearing before the Senate Judiciary Committee.1 Republican senators dutifully attacked the ABA as liberally-biased.2 In a Wall Street Journal column, a defender of VanDyke assailed what he called a “smear campaign” and wrote that “[t]he ABA’s aggressive politicization is especially frustrating for someone like me, an active member of the ABA[.]”3 VanDyke was confirmed anyway.4 Contrary to Republican protestations, the ABA has deemed 97% of President Trump’s nominees to be “well qualified” or “qualified.”5 Indeed, in the most polarizing judicial nomination of the Trump Administration, Justice Brett Kavanaugh, Kavanaugh’s defenders pointed to the ABA having rated him “well qualified” despite the association having once, in 2006, dropped his rating to “qualified” due to concerns about his temperament.6 *Attorney Brendan Williams is the author of over 30 law review articles, predominantly on civil rights and health care issues. A former Washington Supreme Court judicial clerk, Brendan is a New Hampshire long-term care advocate. This article is dedicated to his father Wayne Williams, admitted to the Washington bar in 1970. 1Hannah Knowles, Trump Judicial Nominee Cries over Scathing Letter from the American Bar Association, WASH. POST (Oct. 30, 2015). 2Id.
    [Show full text]
  • 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................................................................................................................................
    [Show full text]
  • 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.
    [Show full text]
  • Ninth Circuit Court of Appeals Mourns Passing of Judge Pamela Ann Rymer
    N E W S R E L E A S E September 22, 2011 Contact: David Madden (415) 355-8800 Ninth Circuit Court of Appeals Mourns Passing of Judge Pamela Ann Rymer SAN FRANCISCO – The Hon. Pamela Ann Rymer, a distinguished judge of the United States Court of Appeals for the Ninth Circuit, died Wednesday, September 21, 2011, after a long illness. She was 69. Judge Rymer was diagnosed with cancer in 2009 and had been in failing health in recent months. She passed with friends at her bedside. “Judge Rymer maintained her calendar throughout her illness,” observed Ninth Circuit Chief Judge Alex Kozinski. “Her passion for the law and dedication to the work of the court was inspiring. She will be sorely missed by all of her colleagues.” Judge Rymer served on the federal bench at both the appellate and trial levels for more than 28 years. Nominated by President Reagan, she was appointed a judge of the U.S. District Court for the Central District of California on February 24, 1983. She was elevated to the Ninth Circuit Court of Appeals by President George H.W. Bush, receiving her commission on May 22, 1989. During her 22 years on the appellate court, Judge Rymer sat on more than 800 merits panels and authored 335 panel opinions. She last heard oral arguments in July and her most recent opinion was filed in August. Her productivity was remarkable and every case received her full attention, colleagues said. "Each case was intrinsically important to her. Finding the right answer for the parties and doing the law correctly were foremost in her mind in every matter.
    [Show full text]