In This Issue SALT EQUALIZER SALT Teaching Conference Addresses
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Third Branch Conference
THIRD BRANCH CONFERENCE June 13, 2006 The Honorable Ted Stevens The Honorable William H. Frist, M.D. The Honorable Mitch McConnell The Honorable Rick Santorum The Honorable Jon Kyl The Honorable Kay Bailey Hutchison The Honorable Elizabeth Dole and copied to all Majority Senators. United States Senate U.S. Capitol Washington, DC Re: Stewarding the Third Branch Dear Senators: As the representatives of millions of Americans who support you in elections, we write to ask you to devote more effort on and off the Senate floor to confirming the President’s circuit court nominees. We write to remind you of your duty, but also because we are concerned that if the Majority that assured the confirmation votes of Chief Justice Roberts and Justice Alito lose just one seat in the next election, the future of the Supreme Court and the federal appellate bench will again be imperiled by use of filibusters. We write because we fear that the Majority is ignoring the impact of the nominations debate on its ability to gain the support of those small margins of voters that the Majority needs to secure unobstructed confirmations. By contrast, and for example, you are planning to devote valuable Senate floor time to debating a flag-desecration constitutional amendment. While most of us would support such an amendment, we believe this is a misguided use of time. In a survey, 150 conservative opinion and grassroot organization leaders, all with nationally or state recognized names, were asked to rate the flag-burning amendment as a priority before November on a scale of 1 to 5, with 5 being high in importance and 1 being low. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION Vol. 154 WASHINGTON, WEDNESDAY, SEPTEMBER 24, 2008 No. 152 Senate (Legislative day of Wednesday, September 17, 2008) The Senate met at 9:30 a.m., on the U.S. SENATE, Treasury and the Chairman of the Fed expiration of the recess, and was called PRESIDENT PRO TEMPORE, will be over in the House around 2 to order by the Honorable BENJAMIN L. Washington, DC, September 24, 2008. o’clock this afternoon. Democrats are To the Senate: CARDIN, a Senator from the State of holding a caucus at 4:30 p.m. to talk Under the provisions of rule I, paragraph 3, Maryland. of the Standing Rules of the Senate, I hereby about this issue. The Secretary is com- appoint the Honorable BENJAMIN L. CARDIN, ing to that caucus at 5 o’clock. PRAYER a Senator from the State of Maryland, to I hope we can make more progress. The Chaplain, Dr. Barry C. Black, of- perform the duties of the Chair. We have not only the Jewish holidays fered the following prayer: ROBERT C. BYRD, coming up next week, but a very im- Let us pray. President pro tempore. portant event is this Friday. I was told Gracious, loving God, let Your light, Mr. CARDIN thereupon assumed the and heard on the radio this morning Your wisdom, Your righteousness, and chair as Acting President pro tempore. that as much as 85 percent of the Your love fill our minds and hearts f American people will watch the debate this Friday. -
CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 and So out Into the Road the Three the Two Older Villains Did As They Had Mr
May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10929 Leahy Obama Snowe state, to calm the dangerous seas vice, but here it is. And by considering Lieberman Pryor Specter Lott Reid Stevens which, from time to time, threaten to that advice, it only stands to reason Lugar Roberts Sununu dash our Republic against rocky shoals that any President will be more as- Martinez Rockefeller Talent and jagged shores. sured that his nominees will enjoy a McCain Salazar Thomas The Senate proved it to be true again kinder reception in the Senate. McConnell Santorum Thune Mikulski Schumer Vitter yesterday, when 14 Members—from The agreement, which references the Murkowski Sessions Voinovich both sides of the aisle, Republicans and need for ‘‘advice and consent,’’ as con- Nelson (FL) Shelby Warner Democrats; 14 Members—of this re- tained in the Constitution, proves once Nelson (NE) Smith (OR) Wyden vered institution came together to again, as has been true for over 200 NAYS—18 avert the disaster referred to as the years, that our revered Constitution is Biden Dorgan Levin ‘‘nuclear option’’ or the ‘‘constitu- not simply a dry piece of parchment. It Boxer Feingold Lincoln tional option’’—these men and women is a living document. Cantwell Jeffords Murray of great courage. Yesterday’s agreement was a real-life Corzine Kennedy Reed illustration of how this historical docu- Dayton Kerry Sarbanes As William Gladstone said, in refer- Dodd Lautenberg Stabenow ring to the Senate of the United ment continues to be vital in our daily lives. It inspires, it teaches, and yester- NOT VOTING—1 States, the Senate is that remarkable body, the most remarkable day it helped the country and the Sen- Inouye of all the inventions of modern politics. -
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. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION Vol. 150 WASHINGTON, THURSDAY, JULY 22, 2004 No. 103 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING vote on Richard Griffin and then David called to order by the Honorable SAXBY PRESIDENT PRO TEMPORE McKeague. Therefore, Senators can ex- CHAMBLISS, a Senator from the State of The PRESIDING OFFICER. The pect the first votes of the day around Georgia. clerk will please read a communication 11 o’clock this morning. The PRESIDING OFFICER. Today’s to the Senate from the President pro Also we will turn to consideration of prayer will be offered by our guest tempore (Mr. STEVENS). the defense appropriations conference Chaplain, Pastor Gene Arey, New Har- The legislative clerk read the fol- report when it arrives from the House. vest Worship Center, Waynesboro, VA. lowing letter: We will be monitoring their action on that bill so that we can determine U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, when we may begin debate on that bill The guest Chaplain offered the fol- Washington, DC, July 22, 2004. this afternoon. lowing prayer: To the Senate: I don’t believe there is a need for a Let us pray. Under the provisions of rule I, paragraph 3, great deal of debate on the defense of the Standing Rules of the Senate, I hereby Father God, I come to You today on measure; however, we will confer with appoint the Honorable SAXBY CHAMBLISS, a the Democratic leadership on a time behalf of the Senators of the United Senator from the State of Georgia, to per- States of America and the people they agreement for this afternoon. -
Senate the Senate Met at 9:30 A.M
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, WEDNESDAY, MAY 18, 2005 No. 66 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, EXECUTIVE SESSION called to order by the Honorable SAM PRESIDENT PRO TEMPORE, BROWNBACK, a Senator from the State Washington, DC, May 18, 2005. of Kansas. To the Senate: NOMINATION OF PRISCILLA Under the provisions of rule I, paragraph 3, RICHMAN OWEN TO BE UNITED PRAYER of the Standing Rules of the Senate, I hereby STATES CIRCUIT JUDGE FOR appoint the Honorable SAM BROWNBACK, a THE FIFTH CIRCUIT The Chaplain, Dr. Barry C. Black, of- Senator from the State of Kansas, to per- fered the following prayer: form the duties of the Chair. Mr. FRIST. Mr. President, I ask Let us pray. TED STEVENS, unanimous consent that the Senate Eternal Spirit, the fountain of light President pro tempore. now proceed to executive session to and wisdom, without Whom nothing is Mr. BROWNBACK thereupon as- consider calendar No. 71, the nomina- holy and nothing prevails, You have sumed the Chair as Acting President tion of Priscilla Owen to be United challenged us to let our lights shine, so pro tempore. States Circuit Judge for the Fifth Cir- that people can see our good works and cuit; provided further that the first glorify Your Name. f hour of debate, from 9:45 to 10:45, be Today, shine the light of Your pres- RESERVATION OF LEADER TIME under the control of the majority lead- ence through our Senators and illu- er or his designee; further that the minate our Nation and world. -
Senate Section (PDF929KB)
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, THURSDAY, MAY 19, 2005 No. 67 Senate The Senate met at 9:30 a.m. and was ceed to executive session for the con- Yesterday, 21 Senators—evenly di- called to order by the President pro sideration of calendar No. 71, which the vided, I believe 11 Republicans and 10 tempore (Mr. STEVENS). clerk will report. Democrats—debated for over 10 hours The legislative clerk read the nomi- on the nomination of Priscilla Owen. PRAYER nation of Priscilla Richman Owen, of We will continue that debate—10 hours The Chaplain, Dr. Barry C. Black, of- Texas, to be United States Circuit yesterday—maybe 20 hours, maybe 30 fered the following prayer: Judge for the Fifth Circuit. hours, and we will take as long as it Let us pray. RECOGNITION OF THE MAJORITY LEADER takes for Senators to express their God of grace and glory, open our eyes The PRESIDENT pro tempore. The views on this qualified nominee. to the power You provide for all of our majority leader is recognized. But at some point that debate should challenges. Give us a glimpse of Your SCHEDULE end and there should be a vote. It ability to do what seems impossible, to Mr. FRIST. Mr. President, today we makes sense: up or down, ‘‘yes’’ or exceed what we can request or imagine. will resume executive session to con- ‘‘no,’’ confirm or reject; and then we Encourage us again with Your promise sider Priscilla Owen to be a U.S. -
Case No. 09-2473 in the United States Court of Appeals
Case: 09-2473 Document: 00116058015 Page: 1 Date Filed: 05/05/2010 Entry ID: 5443428 CASE NO. 09-2473 IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT FREEDOM FROM RELIGION FOUNDATION, et al. Plaintiffs-Appellants, v. HANOVER SCHOOL DISTRICT, et al. Defendants-Appellees, On Appeal from the United States District Court for the District of New Hampshire (District Court #1:07-cv-356) APPELLANTS’ REPLY BRIEF MICHAEL NEWDOW ROSANNA FOX Counsel for Plaintiffs Counsel for Plaintiffs PO BOX 233345 12 ELDORADO CIRCLE SACRAMENTO, CA 95823 NASHUA, NH 03062 (916) 424-2356 (603) 318-8479 [email protected] [email protected] Case: 09-2473 Document: 00116058015 Page: 2 Date Filed: 05/05/2010 Entry ID: 5443428 TABLE OF CONTENTS TABLE OF AUTHORITIES ........................................................................... iii INTRODUCTION ..............................................................................................1 ARGUMENT.......................................................................................................3 I. “God” means “God” ...........................................................................4 II. The “Power, Prestige and Financial Support of Government” Has Real Consequences............................................14 III. The Organizations Which Have Involved Themselves in this Case Demonstrate that the Case is About (Christian) Monotheism........................................................................................15 IV. Congress’ 2002 Reaffirmation of the Pledge was a Sham -
UNDERSTANDING the BLUE SLIP DEBATE 1 Hearings for Circuit Court Nominees Despite the Objections of Nees
A BRIEF HISTORY OF THE BLUE SLIP The blue slip is an uncodified Senate tradition. As such, vari- ous chairs of the Senate Judiciary Committee have treated their influence differently. According to the Congressional Research Service: “From the 65th through the 84th Con- gresses, no chair of the Judiciary Committee allowed any negative blue slips to automatically veto a nomination.”2 The policy changed, though, when Sen. James Eastland (D-Miss.) became chair of the committee in 1956. During his tenure from 1956 to 1978, a nominee needed a positive blue slip from each of his or her home-state senators before advanc- ing through the committee.3 The policy changed again under Sen. Edward Kennedy’s (D-Mass.) tenure as chair from 1979 to 1981. Under Sen. Ken- nedy, an unreturned (or even negative) blue slip would not necessarily end a nomination. Chairman Sen. Strom Thur- mond (R-S.C.) followed a similarly lenient policy in practice from 1981 to 1987, as did Chairman Sen. Joe Biden (D-Del.) 4 R STREET SHORTS NO. 68 from 1987 to 1995. March 2019 In 2001, then-Chairman Sen. Patrick Leahy (D-Vt.) returned to Sen. Eastland’s threshold, requiring two positive blue slips for a nominee to advance through the committee.5 But dur- ing Sen. Orrin Hatch’s second tenure as chair in 2001, and in UNDERSTANDING THE his third tenure from 2003 to 2005, he returned to the policy used previously by both he and Sen. Biden, not allowing the BLUE SLIP DEBATE lack of two positive blue slips to automatically veto a nomi- nation.6 And then from 2005 to 2007, Chairman Arlen Spec- Anthony Marcum ter (R-Pa.) followed Sen. -
How the Contentious Nature of Federal Judicial Appointments Affects "Diversity" on the Bench Theresa M
University of Arkansas at Little Rock William H. Bowen School of Law Bowen Law Repository: Scholarship & Archives Faculty Scholarship 2005 How the Contentious Nature of Federal Judicial Appointments Affects "Diversity" on the Bench Theresa M. Beiner University of Arkansas at Little Rock William H. Bowen School of Law, [email protected] Follow this and additional works at: http://lawrepository.ualr.edu/faculty_scholarship Part of the Judges Commons, Law and Gender Commons, and the Law and Race Commons Recommended Citation Theresa M. Beiner, How the Contentious Nature of Federal Judicial Appointments Affects "Diversity" on the Bench, 39 U. Rich. L. Rev. 849 (2005). This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. HOW THE CONTENTIOUS NATURE OF FEDERAL JUDICIAL APPOINTMENTS AFFECTS "DIVERSITY" ON THE BENCH Theresa M. Beiner * I. INTRODUCTION The focus of this Symposium has been on the contentious na- ture of the federal judicial appointments process and ways that this problem might be solved. My concern is with one aspect of this contentiousness: the difficulties of appointing a diverse bench. In this context, I mean diversity on many levels, including race, gender, socioeconomic status, as well as other background factors such as career track and-I dare to say it-judicial ideol- ogy, which I will more fully explain below. I would like to start with an anecdote from an episode of the television show The West Wing. -
Choosing the Next Supreme Court Justice: an Empirical Ranking of Judicial Performance†
Choosing the Next Supreme Court Justice: † An Empirical Ranking of Judicial Performance Stephen Choi* ** Mitu Gulati † © 2004 Stephen Choi and Mitu Gulati. * Roger J. Traynor Professor, U.C. Berkeley Law School (Boalt Hall). ** Professor of Law, Georgetown University. Kindly e-mail comments to [email protected] and [email protected]. Erin Dengan, Édeanna Johnson-Chebbi, Margaret Rodgers, Rishi Sharma, Jennifer Dukart, and Alice Kuo provided research assistance. Kimberly Brickell deserves special thanks for her work. Aspects of this draft benefited from discussions with Alex Aleinikoff, Scott Baker, Lee Epstein, Tracey George, Prea Gulati, Vicki Jackson, Mike Klarman, Kim Krawiec, Kaleb Michaud, Un Kyung Park, Greg Mitchell, Jim Rossi, Ed Kitch, Paul Mahoney, Jim Ryan, Paul Stefan, George Triantis, Mark Seidenfeld, and Eric Talley. For comments on the draft itself, we are grateful to Michael Bailey, Suzette Baker, Bill Bratton, James Brudney, Steve Bundy, Brannon Denning, Phil Frickey, Michael Gerhardt, Steve Goldberg, Pauline Kim, Bill Marshall, Don Langevoort, Judith Resnik, Keith Sharfman, Steve Salop, Michael Seidman, Michael Solimine, Gerry Spann, Mark Tushnet, David Vladeck, Robin West, Arnold Zellner, Kathy Zeiler, Todd Zywicki and participants at workshops at Berkeley, Georgetown, Virginia, FSU, and UNC - Chapel Hill. Given the unusually large number of people who have e-mailed us with comments on this project, it is likely that there are some who we have inadvertently failed to thank. Our sincerest apologies to them. Disclosure: Funding for this project was provided entirely by our respective law schools. One of us was a law clerk to two of the judges in the sample: Samuel Alito of the Third Circuit and Sandra Lynch of the First Circuit. -
Statement on the Senate Filibusters of the Nominations of Miguel A
564 May 8 / Administration of George W. Bush, 2003 Statement on the Senate Filibusters United States of America, it is hereby or- of the Nominations of Miguel A. dered as follows: Estrada and Priscilla Owen To Be Section 1. Interagency Group on Insular Judges on the United States Court of Areas. (a) There is established, within the Appeals Department of the Interior for administra- tive purposes, the Interagency Group on In- May 8, 2003 sular Areas (IGIA). The group shall consist exclusively of: Miguel Estrada and Priscilla Owen have (i) the heads of the executive depart- been waiting 2 years for an up-or-down vote ments; and in the Senate. Both of these nominees are (ii) the heads of such agencies as the Sec- of the highest integrity and character with retary of the Interior may designate. tremendous legal experience. Both have (b) The Secretary of the Interior, or the been unanimously rated ‘‘well-qualified’’ by Secretary’s designee under section 1(c) of the American Bar Association. Each has the this order, shall convene and preside at the support of a majority of Senators, yet votes meetings of the IGIA, determine its agenda, on their nominations are being blocked by direct its work and, as appropriate to deal a minority of Senators who are engaged in simultaneous filibusters. These partisan ob- with particular subject matters, establish and structionist tactics are unprecedented, unac- direct subgroups of the IGIA that shall con- ceptable, and inconsistent with the Senate’s sist exclusively of members of the IGIA. constitutional responsibility. (c) A member of the IGIA may designate, Because of the Senate’s failure to hold to perform the IGIA or IGIA subgroup func- timely votes, the number of judicial vacancies tions of the member, any person who is a has become unacceptably high.