Brookings: Topics - Judges

Governance Studies

Thu, 19 Nov 2009 09:55:43 GMT

Governance Studies brings together people interested in improving the performance of our national government and bettering the economic security, social welfare, and opportunity available to all Americans.

Judicial Nominations in the Bush and Obama Administrations’ First Nine Months

Fri, 23 Oct 2009 00:00:00 GMT

October 20, 2009 marked nine months since President Barack Obama took office. Russell Wheeler compares the nomination process for the courts of appeals and district courts of the George W. Bush administration with the current one, focusing on nominations made, hearings held, nominees confirmed and nominee characteristics. Wheeler reveals two striking findings: the relatively paucity of Obama administration nominees and the delay in full Senate action on those nominees.

The 2009-2010 U.S. Supreme Court Term

Wed, 07 Oct 2009 10:00:00 GMT

Event Information:

October 07, 2009, 10:00 AM to 11:30 AM

The U.S. Supreme Court’s 2009-2010 term will consider major arguments on issues ranging from state’s rights and separation of powers to dog-fighting videos. On October 7, the Brookings Judicial Issues Forum hosted a panel discussion to preview the most anticipated and important cases.

Beyond the Senate Confirmation of Judge Sonia Sotomayor

Fri, 07 Aug 2009 14:45:59 GMT

Sonia Sotomayor took the judicial oath of office on August 8, becoming the first Hspanic and third woman to serve on the U.S. Supreme Court. Visiting Fellow Russell Wheeler examines how the Obama administration will impact the judicial system and what we can expect from Justice Sotomayor.

God in Government: Judge Sotomayor's Church-State Record

Tue, 07 Jul 2009 00:00:00 GMT

Judge Sonia Sotomayor’s confirmation hearings before the Senate Judiciary Committee began July 13th. Melissa Rogers urged Senators to engage Sotomayor in a discussion of the broad principles and values animating the constitutional commands on religious freedom.

Justice Souter and the Supreme Court’s Church-State Balance

Tue, 19 May 2009 00:00:00 GMT

President Obama will soon make his first Supreme Court nomination. It seems unlikely that the addition of President Obama’s nominee to the Supreme Court will change the outcome in church-state cases, writes Rogers, but the views and voice of his nominee will certainly affect the debate at the Court and shape decisions long after Obama leaves the White House.

President Obama's Court Nominations

Fri, 20 Mar 2009 16:44:51 GMT

Russell Wheeler says President Obama’s nomination of David Hamilton to serve on the appellate court was a thoughtful choice but will still draw criticism.

How Might the Obama Administration Affect the Composition of the U. S. Courts of Appeals?

Wed, 18 Mar 2009 00:00:00 GMT

Following the announcement of President Obama’s first judicial nomination, Russell Wheeler offers clues to how President Obama might affect the composition of the United States Courts of Appeals. A reasonable estimate is that the proportion of Republican appointees could drop from 56 percent to 43 percent; Democratic appointees could rise from 36 percent to 57 percent.

Immigration and the Courts

Fri, 20 Feb 2009 10:00:00 GMT

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February 20, 2009, 10:00 AM to 11:30 AM

The Justice Department’s immigration courts have been the object of attention not only for how their judges have been selected but also for their heavy caseloads and shortage of resources, including the inadequacy of legal representation available to aliens. On February 20, Russell Wheeler moderated a discussion on these issues with Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit and other immigration law experts.

What Will the Presidential Election Mean for the U. S. Courts of Appeals?

Tue, 21 Oct 2008 00:00:00 GMT

Brookings expert Russell Wheeler offers clues to how a President McCain or Obama might affect the composition of the United States Supreme Court as well as the courts of appeals.

Restore Civility to the Selection of Federal Judges

Tue, 09 Sep 2008 00:00:00 GMT

Hot-button social topics often dominate voters' views of where presidential candidates stand on judicial appointments. Plus, as in much of U.S. politics, the process of getting judges on the bench has become cantankerous and divided. Russell Wheeler says that the next president should try to work with the Senate to restore civility.

The Next Administration and the Future of the Judiciary

Thu, 04 Sep 2008 10:00:00 GMT

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September 04, 2008, 10:00 AM to 11:30 AM

The next U.S. president may well have to reconfigure both the Supreme Court and the U.S. courts of appeals. On September 4, the Brookings Judicial Issues Forum hosted a discussion of how John McCain or Barack Obama might approach this opportunity differently and how they might address the challenges associated with appointing judges and shaping courts.

Briefing on U.S. Supreme Court Rulings

Fri, 27 Jun 2008 10:00:00 GMT

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June 27, 2008, 10:00 AM to 11:30 AM

In June 2008, the Supreme Court struck down the District of Columbia’s 32-year-old ban on handguns and ruled that it is unconstitutional to execute someone who rapes a child. The Court also ruled in favor of Guantánamo detainees' habeas corpus rights. On June 27, Brookings Fellow Benjamin Wittes moderated a briefing on these rulings and other developments of the 2007-08 term.

International Governance and American Law

Tue, 24 Jun 2008 11:00:00 GMT

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June 24, 2008, 11:00 AM to 12:15 PM

Brookings hosted a speech by U.S. Supreme Court Justice Stephen Breyer on international governance and American law. The event celebrated the Ezra K. Zilkha Chair in Governance Studies at Brookings, which is named in honor of longtime Brookings trustee Ezra K. Zilkha.

Unusual Nonsense: Supreme Court's Decision about "Cruel and Unusual Punishment"

Mon, 28 Apr 2008 00:00:00 GMT

The Supreme Court recently handed down a decision upholding as constitutional the specific mixture of drugs by which thirty states put condemned prisoners to death. In this piece, Ben Wittes writes about the Supreme Court's failure to rationalize its decisions about cruel and unusual punishment.

A Collapse of the Campaign Finance Regime?

Wed, 16 Apr 2008 00:00:00 GMT

The fascinating 2008 presidential election has produced recent campaign finance developments, writes Thomas Mann, suffiently dramatic as to raise questions about the viability of the entire regime of campaign finance law.

What Happens If the Supreme Court Recognizes Individual Gun Rights? Not Much.

Fri, 21 Mar 2008 00:00:00 GMT

A decision recognizing an individual right to gun ownership will put a limit on how far gun control can go, writes Ben Wittes. Those who dream of a gun-free society will have to dream of ratifying a new constitutional amendment.

Prosecutorial Misconduct and Abuses

Wed, 10 Oct 2007 09:00:00 GMT

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October 10, 2007, 9:00 AM to 10:30:00 AM

Brookings's Judicial Issues Forum hosted a discussion on prosecutorial misconduct, examining its frequency at the state and federal levels, the circumstances under which it is most likely to occur and strategies to minimize its impact.

Supreme Court Justices: "Pay Erosion Threatens the Federal Judiciary"

Fri, 05 Oct 2007 19:09:30 GMT

News release from the Brookings Institution, Office of Communications, July 2002.

AEI and Brookings Launch Education Program for State Court Judges

Fri, 05 Oct 2007 19:09:01 GMT

New Brookings-AEI Center for Regulatory Studies for State Court Judges.

Russell Wheeler, former Deputy Director of the Federal Judicial Center, To Join Brookings as Guest Scholar

Fri, 05 Oct 2007 19:08:09 GMT

Russell Wheeler, the former deputy director of the Federal Judicial Center, will join the Brookings Institution as a guest scholar starting this fall.

Why I'm Not Looking Forward to the New Supreme Court Term

Mon, 01 Oct 2007 00:00:00 GMT

The Supreme Court begins its term on October 1st. Benjamin Wittes of Governance Studies weighs in on some of the big cases on their schedule and the ideological divisions within the court.

How to Pay the Piper: It's Time to Call Different Tunes for Congressional and Judicial Salaries

Sun, 01 Apr 2007 00:00:00 GMT

An Ad Hoc Group on Federal Judicial Salaries, comprised of former U.S. senators and representatives, has called for Congress to end the practice of linking the salaries of federal judges and those of members of Congress. In this paper, Russell Wheeler and Michael Graves describe the history of interbranch salary linkage and analyze it as policy.

Ditch the Second Amendment

Mon, 19 Mar 2007 00:00:00 GMT

The U.S. Supreme Court is hearing District of Columbia’s gun-ban appeal. The city's ban on handguns is one of the strictest in the nation and has been in place for 31 years. In this context, Benjamin Wittes argues that the Second Amendment is linked to institutions that no longer exist, but that its modern interpretation embodies values that many do not agree with. So to enable sensible gun control, "Let's repeal the damned thing," Wittes says,

Are Judges Political?

Tue, 20 Jun 2006 11:00:00 GMT

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June 20, 2006, 11:00 AM to 12:30 PM

Brookings continued its Judicial Issues Forum series with a discussion of whether judges are political, examining the impact of ideology on the federal judiciary. A group of leading legal analysts discussed the Brookings book, Are Judges Political? An Empirical Analysis of the Federal Judiciary.

Are Judges Political? : An Empirical Analysis of the Federal Judiciary

Thu, 01 Jun 2006 00:00:00 GMT

Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Re

Scrutinizing Judge Alito: Does the Process Work?

Tue, 17 Jan 2006 10:00:00 GMT

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January 17, 2006, 10:00 AM to 11:30 AM

Brookings hosted a Judicial Issues Forum discussion on the battle to confirm Supreme Court nominee Samuel Alito and what it says about the state of the confirmation process.

Can an Independent Judiciary Be Accountable?

Fri, 10 Jun 2005 10:00:00 GMT

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June 10, 2005, 10:00 AM to 12:00 PM

A panel discussion with six leading legal experts on why the judiciary now finds itself so reviled in Congress; the role of the appointment process as a form of democratic accountability; the conflict over filibustering of nominees; the efforts to strip federal courts of jurisdiction over some issues; and the talk of impeaching judges for perceived usurpations of power.

Senate Rules Changes: Filibustering of Judicial Nominees

Wed, 30 Mar 2005 00:00:00 GMT

Interview with E.J. Dionne, Jr.; The Diane Rehm Show (3/30/05)