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  • Filibuster or Not, the D.C. Circuit Still Doesn’t Need More Judges

    Today the Senate is scheduled to vote on the nomination of Patricia Millett to the U.S. Court of Appeals for the D.C. Circuit. Now that Senate Majority Leader Harry Reid (D–NV) successfully deployed the “nuclear option” to eliminate Senate Republicans’ ability to filibuster appellate and district court nominees, he can … More

    Supreme Court to Hear Challenges to Obamacare Anti-Conscience Mandate

    Today, the Supreme Court announced that it will take up two cases challenging the Obamacare anti-conscience mandate that employers must provide health insurance coverage that includes abortion-inducing drugs, contraceptives, and sterilizations. Over 80 lawsuits with more than 200 plaintiffs have been filed by religious organizations and other private employers to … More

    What the New Nuclear Option Means for the Senate

    This afternoon, the Senate approved a rules change that will effectively eliminate the filibuster for executive branch and judicial nominations. Under the old rules, Senators could debate whether to confirm a nomination until 60 members voted to invoke cloture and end the debate. Majority Leader Harry Reid (D-NV) succeeded today … More

    Harry Reid and the Nuclear Option: A Shortsighted Alternative to Senate Deliberation

    Earlier this week, Senate Republicans halted the confirmation of Robert Wilkins to the D.C. Circuit, making it the third nomination to that court as part of President Obama’s court-packing plan to fail in the last month. Now there are reports that Senate Majority Leader Harry Reid (D–NV) may attempt to … More

    Obama Debunks Claim of Republican Obstruction on Judicial Nominations

    President Obama recently highlighted his success with judicial nominations, saying: We are remaking the courts…[and] when it comes to the district court, [we are] matching the pace of previous Presidents. When it comes to the appellate court, we’re just a little bit behind. This statement stands in stark contrast to … More

    Potential Settlement in Supreme Court Housing Discrimination Case

    The Wall Street Journal is reporting that the parties in the Fair Housing Act case pending before the Supreme Court have reached a tentative settlement deal. The case, Mount Holly v. Mount Holly Gardens Citizens in Action, involves the township of Mount Holly, New Jersey’s attempt to redevelop a crime-ridden, … More

    2013 Joseph Story Distinguished Lecture: Judge Diarmuid O’Scannlain

    It is unmistakable that our current Supreme Court plays a robust role in our republic. And according to Joseph Story, that is what the Founders intended. Justices Ruth Bader Ginsburg, Antonin Scalia, and Anthony Kennedy have recently weighed in with their perspectives on the scope of judicial power. In August … More

    How Obama Is Remaking Federal Courts in One Chart

    President Obama and his supporters constantly claim that Senate Republicans are being “obstructionist” and preventing the confirmation of his federal court nominees. If you look at the facts, however, Obama’s confirmation record is higher than the last three Presidents—even though he hasn’t made judicial nominations a priority. As economist John … More

    Supreme Court Takes Up Recess Appointments

    This morning marks the official start of the Supreme Court’s 2013–2014 term. One of the cases the Court will decide is National Labor Relations Board v. Noel Canning, which involves a clash between the President and the Senate over recess appointments. At the end of 2011, the Senate exercised its … More

    Obamacare Anti-Conscience HHS Mandate Reaches the Supreme Court

    As the House prepares to vote on defunding Obamacare, citizens are challenging the Obama Administration to defend a part of the law that has already gone into effect: the anti-conscience mandate. Earlier today, five members of the Hahn family, who run Conestoga Wood Specialties, took their fight against the coercive … More