Filling the Federal Appellate Court Vacancies

نویسنده

  • Carl W. Tobias
چکیده

Multiple observers have criticized President Barack Obama’s discharge of his Article II constitutional responsibility to nominate and confirm federal judges. Senators have blamed the administration for slowly making nominations, liberals have contended that the executive appointed myriad candidates who are not sufficiently centrist, and conservatives have alleged that President Obama proffered many nominees who could become liberal judicial activists. Despite the sharp criticisms, the President has actually realized much success when nominating and confirming well qualified moderate jurists. President Obama has named more judges than Presidents George W. Bush and Bill Clinton had at this juncture in their tenure, while courts of appeals currently have the fewest openings since 1990. Because appointments to circuits are crucial when delivering justice, as they are courts of last resort for virtually all cases, the appellate confirmation system merits evaluation. When the President was inaugurated during 2009, the bench encountered fourteen appeals court vacancies.1 The White House swiftly implemented numerous productive endeavors to foster the speedy nomination and careful approval of highly qualified diverse choices.2 The administration quickly installed a fine White House Counsel and other lawyers with pertinent expertise.3 Obama vigorously consulted

برای دانلود رایگان متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Resolving Amicus Curiae Motions in the Third Circuit and Beyond

Amicus curiae briefs are deeply woven into the fabric of modern federal appellate practice. Indeed, amici curiae submit briefs in approximately ninety percent of the cases that the United States Supreme Court entertains, and the Justices deny a minuscule number of amicus requests to participate. Amicus practice is less ubiquitous in the United States Courts of Appeals. Amici seek to file compar...

متن کامل

The Columbia

The United States Court of Appeals for the Federal Circuit currently reverses from one-third to nearly one-half of all U.S. district court patent claim construction decisions. Because claim construction often determines the outcome of patent litigation, the high appellate claim construction reversal rate contributes to significant uncertainty among inventors and investors. Congress is currently...

متن کامل

Confirmation Delay for Vacancies on the Circuit Courts of Appeals

Supreme Court confirmation is an exhaustively studied phenomenon, but lower court confirmation is less well understood, in part because lower court nominees are very rarely rejected, and the Senate fails even to hold a recorded vote for most appointees. However, the length of time it takes to fill a judicial vacancy serves as alternate evidence of conflict between the president and the Senate. ...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

عنوان ژورنال:

دوره   شماره 

صفحات  -

تاریخ انتشار 2015