Brookings: Topics - U.S. Judiciary

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.

The Changing Face of the Federal Judiciary

Mon, 17 Aug 2009 00:00:00 GMT

With Justice Sonia Sotomayer confirmed to the U.S. Supreme Court and President Obama set to fill a number of lower court vacancies, there is renewed attention on the demographic makeup of the U.S. judiciary. Russell Wheeler examines federal judicial demographic data from the Eisenhower administration to today. He concludes that while the face of the judiciary has markedly changed over the last 30 years, it hardly mirrors the general population.

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.

Advice and Consent During the Bush Years: The Politics of Confirming Federal Judges

Sat, 01 Aug 2009 00:00:00 GMT

The judicial appointment process – for both the Supreme Court and the lower federal courts – has been increasingly characterized by senatorial foot-dragging, declining confirmation rates, and protestations by both political parties. Sarah Binder and Forrest Maltzman explore the politics of judicial selection, focusing on partisan, institutional, and temporal forces that shape the fate of presidential appointments to the federal trial and appellate courts. Analyzing historical patterns from over the past 60 years, they find that the polarization of advice and consent worsened over the Bush years, but was broadly consistent with the deterioration of judicial selection over the past several decades.

Seeking Fair and Effective Administration of Immigration Laws

Tue, 21 Jul 2009 00:00:00 GMT

The Obama administration announced plans to restructure how immigrants—most of whom have no criminal records—are detained. Immigration presents courts and administrative agencies tremendous challenges due to a lack of consensus and resources for total enforcement of laws governing entry to and status in the country. Russell Wheeler has explained why crafting better policies for institutions most responsible for enforcing the laws fairly should be part of the broader immigration reform effort.

Judge Sotomayor's Confirmation Hearings

Fri, 17 Jul 2009 13:41:51 GMT

In her quest to be confirmed as a U.S. Supreme Court justice, Judge Sonia Sotomayor faced four days of questioning and testimony on Capitol Hill. Russell Wheeler says Sotomayor’s Senate Judiciary Committee confirmation hearings played out as expected — and that she will be confirmed — but adds that it’s too soon to say how she will influence the court’s decisions.

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.

Designing Detention: A Model Law for Terrorist Incapacitation

Fri, 26 Jun 2009 00:00:00 GMT

Closing the detention camp at Guantánamo Bay by President Obama's January deadline is pressuring the administration to craft a new system for incarcerating terrorist suspects, possibly through an executive order. Benjamin Wittes and Colleen Peppard suggest instead a model law for terrorist incapacitation.

Supreme Court Nominee Sonia Sotomayor is Obama’s American Dream

Thu, 28 May 2009 00:00:00 GMT

In nominating Sonia Sotomayor, the Obama administration must be more than satisfied with the early reaction from a political standpoint, writes William Galston. While Democrats are united and Hispanics are thrilled, those who oppose her must choose their words and tactics carefully so as not to antagonize further the nation’s fastest-growing demographic group.

The Supreme Court Confirmation of Judge Sonia Sotomayor

Wed, 27 May 2009 00:00:00 GMT

Only a few years ago, a Supreme Court nominee like Judge Sonia Sotomayor could expect quick, nearly unanimous confirmation. Yet recent trends in Supreme Court nominations show Sotomayor can expect a highly contentious confirmation. Brookings expert Ben Wittes writes, our system has gone from one in which people like Sotomayor, Chief Justice John Roberts and Justice Samuel Alito are shoe-ins for confirmation to a system in which they are shoo-ins for confirmation confrontations.

Obama's Guantánamo Blueprint and America's Enemies

Thu, 21 May 2009 00:00:00 GMT

Last week, President Obama outlined his approach to closing the Guantánamo Bay detention center on the heels of Congress voting overwhelmingly to block the $80 million he requested to close the the prison. The speech was forward-looking, writes Brookings expert Ben Wittes, in that he maintained the need for a preventative detention system created by Congress and overseen by the courts.

Targeted Killing in U.S. Counterterrorism Strategy and Law

Mon, 11 May 2009 00:00:00 GMT

American domestic law has long accepted the use of targeted killings as self-defense toward ends of vital national security that do not necessarily fall within the strict terms of armed conflict. However, the legal space for it and the legal rationales on which it has been traditionally justified are in danger of shrinking, writes Kenneth Anderson.

Looking Forward, Not Backward: Refining American Interrogation Law

Sun, 10 May 2009 00:00:00 GMT

Benjamin Wittes and Stuart Taylor examine how to amend American interrogation laws to balance the need to avoid the past administration's excesses against the need to get intelligence from captured terrorists. They review the post-September 11 evolution of Bush administration policies on interrogation, the experiences of the CIA and the military and the lessons to be learned from those experiences.

Better Rules for Terrorism Trials

Fri, 08 May 2009 00:00:00 GMT

More than seven years after 9/11, the government’s legal, practical and moral authority to detain suspected terrorists without trial remains a subject of fierce debate. Robert Litt and Wells Bennett say Congress could significantly ameliorate the problem by authorizing the creation of a National Security Bar, a permanent corps of security-cleared lawyers who could represent defendants in terrorism-related cases.

The Best Judges Obama Can't Pick

Sun, 03 May 2009 00:00:00 GMT

As President Obama considers his pick to replace retiring Supreme Court Justice David Souter, several supporters insist on getting more diversity on the bench. As Benjamin Wittes cautions, Democrats have less latitude for bucking these expectations in judicial nominations than Republicans do, as the conservative talent pool on the federal courts is larger and deeper than the liberal one.

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.

Refining Immigration Law’s Role in Counterterrorism

Tue, 10 Mar 2009 00:00:00 GMT

The federal government relied heavily on immigration laws in its immediate response to the September 11 terrorist attacks, largely because they were available, flexible, and could be directed toward targets deemed immediate and urgent. In a Brookings paper, David Martin suggests how to refine immigration law’s role in counterterrorism, which have clouded a traditional American stance of openness and welcome that has been valuable to diplomacy, business and the successful integration of immigrant populations.

Long-Term Terrorist Detention and Our National Security Court

Mon, 09 Feb 2009 00:00:00 GMT

For years there has been a debate about whether to create a national security court to supervise the non-criminal military detention of dangerous terrorists. However, the hard question about a national security court is not whether it should exist but rather what its rules should be and, just as important, who should make these rules. As Jack Goldsmith writes, Congress and the President, rather than the courts, must play the predominant role in crafting these rules in order to have a well-designed national security court.

The Limits of Abstract Patents in an Intangible Economy

Wed, 14 Jan 2009 09:00:00 GMT

Event Information:

January 14, 2009, 9:00 AM to 5:00 PM

Abstract ideas are not patentable, but what are abstract ideas – and how can judges draw a line around them? At a conference, co-sponsored by the Brookings Institution, the Computer & Communications Industry Association and Duke University School of Law, experts looked at the problem of abstract patents from both economic and legal perspectives. How well do abstract patents work? What problems do they create? Can we do better than the standard in Bilski?

The Challenges of Closing Guantánamo

Tue, 13 Jan 2009 00:00:00 GMT

President-elect Barack Obama plans to fulfill his campaign promise and issue an executive order next Wednesday directing the closing of the Guantánamo Bay detention camp in Cuba. Benjamin Wittes joined experts in a New York Times running commentary to discuss the challenges the new administration will face in closing Guantánamo.

The Current Detainee Population of Guantánamo: An Empirical Study

Tue, 16 Dec 2008 00:00:00 GMT

On January 22, 2009, President Obama signed an executive order to close down the detention facility at Guantánamo Bay, Cuba. Benjamin Wittes and his colleagues identify and describe, in as much detail as the public record will permit, the current population of detainees at Guantánamo, what the government alleges about them and what they claim about their own affiliations and conduct.

Nuts and Deadbolts: A Blueprint for the Closure of Guantanamo Bay

Mon, 08 Dec 2008 00:00:00 GMT

The U.S. Congress has voted overwhelmingly to block the $80 million President Obama requested to close the Guantanamo Bay prison. On May 21, the president gave a national security address to discuss in greater detail his plan for closing Guantanamo. Brookings expert Ben Wittes offers a checklist of important decisions the president must make before he can shutter the detention camp.

The Scouting Report: Guantanamo Bay and Detainees

Wed, 19 Nov 2008 12:30:00 GMT

Event Information:

November 19, 2008, 12:30 PM to 1:30 PM

The incoming administration has indicated that one of its first priorities will be to close Guantanamo Bay. The Scouting Report continued its weekly web chat with Brookings expert Benjamin Wittes, who answered questions about how President Obama can put a legal framework in place to end the clash over detainee rights. Politico's David Mark moderated.

Closing Guantanamo

Fri, 14 Nov 2008 00:00:00 GMT

In an interview with CBS News, Benjamin Wittes discusses three possible ways the Obama administration could close the prison at Guantanamo Bay.

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.

Obama, McCain, un juriste et un militaire face aux droits humains

Wed, 01 Oct 2008 00:00:00 GMT

Justin Vaisse discusses how Obama and McCain approach human rights issues, from capital punishment to Guantanamo and torture. (French)

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.

Administrative Detention: The Integration of Strategy and Legal Process

Thu, 24 Jul 2008 00:00:00 GMT

Matthew Waxman examines the questions underlying the discussion of administrative detention, the possible need for new laws in combating terrorism, and how to make and review detention decisions for whom to detain.

What is the Role of Courts in Making Social Policy?

Tue, 08 Jul 2008 00:00:00 GMT

Russell Wheeler and Stuart Taylor engage in a NewTalk discussion on whether it's possible for judges to apply the law in court cases without making or affecting social policy.

The Future of Justice in the Age of Terror

Thu, 03 Jul 2008 00:00:00 GMT

Benjamin Wittes discusses recent legal developments in the war on terror with Josh Patashnik of The New Republic and Andrew McCarthy, director of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies.

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

Event Information:

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.

Law and the Long War: The Future of Justice in the Age of Terror

Mon, 23 Jun 2008 00:00:00 GMT

Six years after the September 11 attacks, America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda but to its own failure to construct a set of laws that will protect the American people. Now, in the twilight of President Bush’s administration, Benjamin Wittes offers an analysis of the troubling legal legacy of the Bush administration, the U.S. Congress and the Supreme Court.

Congress's Guantanamo Burden

Fri, 13 Jun 2008 00:00:00 GMT

A divided Supreme Court ruled that Guantanamo Bay detainees have a right to seek release. Benjamin Wittes writes that many fundamental questions remain unanswered and urges Congress to enact a comprehensive legislative solution to the problem of detentions in the war against terrorism.

Legitimacy Crisis - Military Trials Discussion

Thu, 05 Jun 2008 00:00:00 GMT

Dahlia Lithwick of Slate and Benjamin Wittes of The Brookings Institution examine the military tribunals being held at Guantanamo Bay, terrorism detainees, and the legal framework on the War on Terror.

Handling Terrorism Detainees within the American Justice System

Wed, 04 Jun 2008 00:00:00 GMT

The U.S. Supreme Court ruled this week that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. In recent testimony to the Senate Judiciary Committee, Benjamin Wittes addressed the need for building an appropriate regime for detaining alien terrorist suspects seized abroad.

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.

Gun Shy: The Justice Department Weighs in on the Second Amendment

Fri, 25 Jan 2008 00:00:00 GMT

Benjamin Wittes examines Solicitor General Paul Clement's legal brief in the Supreme Court case challenging the constitutionality of Washington, D.C.'s handgun ban and argues that "Acknowledging the amendment as proclaiming a right, but candidly treating that right as more flexible and less absolute than its neighbors in the Bill of Rights" is an appropriate way to translate Second Amendments values from the founding era to our own.

The Death Clock: Don't Count Out the Death Penalty Yet

Mon, 07 Jan 2008 00:00:00 GMT

The U.S. Supreme Court is hearing arguments on whether the drugs used in lethal injections constitute cruel and unusual punishment. While capital punishment appears on the wane, Benjamin Wittes argues that this will not be the end of the death penalty.

Detention Retention: Are Guantanamo Detainees All Innocent?

Fri, 07 Dec 2007 00:00:00 GMT

Detainees held for nearly six years at the Guantanamo Bay military prison recently received another hearing at the Supreme Court. But neither the justices nor the public should take at face value the insistence that large numbers of innocents populate Guantanamo, writes Benjamin Wittes. The broader debate over Guantanamo has suffered greatly from these overbroad claims of erroneous detentions.

Prevent Federal Court Nomination Battles: De-Escalating the Conflict over the Judiciary

Tue, 20 Nov 2007 00:00:00 GMT

Infected by polarization, confirmation rates for federal judges have plummeted and long delays are commonplace. Brookings’s Russell Wheeler recommends that the next president should create a bipartisan commission and set a timetable to prevent the lengthy nomination battles.

A Legal Framework for Detaining Terrorists: Enact a Law to End the Clash over Rights

Thu, 15 Nov 2007 00:00:00 GMT

A core challenge facing the next president in the war on terror is developing a legal framework for detaining terrorists. Brookings’s experts Benjamin Wittes and Mark Gitenstein offer recommendations that balance basic protections for detainees with regularized judicial review.

Renditions and the Rule of Law

Mon, 15 Oct 2007 00:00:00 GMT

Daniel Byman discusses the U.S.'s rendition process. Byman asserts that renditions are an effective means of fighting terrorism and possibly in obtaining terrorist information, but that the policy must be modified to ensure fair treatment of apprehended individuals and due process of law.

Prosecutorial Misconduct and Abuses

Wed, 10 Oct 2007 09:00:00 GMT

Event Information:

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.

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.

The Law On Wiretapping

Sat, 18 Aug 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (8/18/07)

Congress, The Attorney General and The Foreign Intelligence Surveillance Act

Mon, 06 Aug 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (8/6/07)

Campaign Finance: Is Unregulated Spending the Most Effective Way to Ensure Citizens Have the Power to Speak to Their Government?

Fri, 13 Jul 2007 00:00:00 GMT

Is money in politics a problem at all, or is unregulated spending the most effective way to ensure citizens have the power to speak to their government? Thomas Mann and Bradley Smith debate on the future of campaign finance reform.

Campaign Finance Reform: Are There Smarter Ways to Fix the System?

Thu, 12 Jul 2007 00:00:00 GMT

Are there campaign finance reform methods that are not vulnerable to 1st Amendment challenges? Thomas E. Mann and Bradley Smith debate the future of campaign finance reform.

Campaign Finance: Matching Candidates' Scratch

Thu, 12 Jul 2007 00:00:00 GMT

Are matching funds ever going to work at the federal level? Can they succeed at the state and local levels? Thomas E. Mann and Bradley Smith debate the future of campaign finance reform.

Does the Supreme Court's Recent Wisconsin Right to Life Decision Signal the End of All Campaign Finance Reform Laws?

Tue, 10 Jul 2007 00:00:00 GMT

Does the Supreme Court's recent Wisconsin Right to Life decision signal the end of all campaign finance reform laws? Thomas Mann and Bradley Smith debate the future of campaign finance reform.

Campaign Finance Reloaded

Mon, 09 Jul 2007 00:00:00 GMT

Senior Fellow Thomas Mann argues that the Supreme Court went both too far and not far enough in its Wisconsin Right to Life decision.

The Supreme Court's Looming Legitimacy Crisis

Mon, 25 Jun 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (6/25/07)

Is the Right to Bear Arms an Anachronism?

Mon, 11 Jun 2007 10:00:00 GMT

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June 11, 2007, 10:00 AM to 11:30 AM

Brookings continued its Judicial Issues Forum series with a discussion of the practical and constitutional arguments for and against various forms of gun control. Panelists included Josh Sugarmann, executive director of the Violence Policy Center; Randy Barnett, Carmack Waterhouse professor of legal theory at the Georgetown University Law Center; Jens Ludwig, professor of public policy at Georgetown University and nonresident senior fellow at Brookings; and Benjamin Wittes, guest scholar at Brookings.

The Conservative Legal Establishment's Strange Youth Culture

Mon, 28 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/28/07)

James Comey's Damning Testimony

Thu, 17 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/17/07)

Alberto Gonzales Digs Himself a Deeper Hole

Mon, 14 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/14/07)

The Supreme Court's Shift on Abortion is Not What You Think

Mon, 30 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/30/07)

The Supreme Court's EPA Ruling Isn't As Important As You Think

Mon, 16 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/16/07)

Who Should Replace Alberto Gonzales?

Mon, 02 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/2/07)

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,

José Padilla: Would-Be Terrorist or White House Victim?

Tue, 06 Mar 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (3/6/07)

The Courts Can't Fix Guantanamo

Thu, 22 Feb 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (2/22/07)

Polarizing the House of Representatives: How Much Does Gerrymandering Matter?

Mon, 30 Oct 2006 14:00:00 GMT

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October 30, 2006, 2:00 PM to 4:00 PM

The 2006 mid-term elections presented new questions about gerrymandering—particularly how Election Day results would be affected by congressional redistricting designed to provide an electoral edge to certain political parties and incumbents, or to disadvantage racial groups as the Supreme Court recently ruled Texas had done.

The Erosion of Compensation for Federal Executives and Judges

Wed, 20 Sep 2006 00:00:00 GMT

Testimony by Gary Burtless presented on September 20, 2006

What Should Be the Future of the Death Penalty?

Tue, 05 Sep 2006 14:00:00 GMT

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September 05, 2006, 2:00 PM to 4:00 PM

Brookings continued its Judicial Issues Forum series with a discussion on whether the death penalty deters crime, whether it is administered fairly, whether death row exonerations prove the system a failure, whether federal courts should provide more-or less-supervision of state death sentences, and whether the abhorrence of our death penalty regime overseas should tip Americans of mixed views toward the abolitionist position.

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

Presidential War Powers: Has the Government Gone Too Far?

Fri, 17 Mar 2006 10:00:00 GMT

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March 17, 2006, 10:00 AM to 12:00 PM

President Bush's authorization of National Security Agency eavesdropping on communications between the United States and other countries that are said to involve Al Qaeda is helping bring to a boil the long-simmering debate over the president's expansive assertions of presidential war powers. Brookings continued its Judicial Issues Forum series with a look at the both current and historical debates—going back to the colonial era and the framing of the Constitution—about the extent of the president's war powers.

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.

Active Liberty: Interpreting Our Democratic Constitution

Mon, 17 Oct 2005 15:00:00 GMT

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October 17, 2005, 3:00 PM to 5:00 PM

Associate Justice Stephen Breyer, an influential voice on the Supreme Court since 1994, spoke at Brookings. Justice Breyer discussed the Constitution and how the Supreme Court interprets it; the relationship among the Supreme Court, Congress and the executive branch; and recent Supreme Court decisions on religion, free speech, affirmative action and privacy.

Harriet Miers Nomination

Mon, 10 Oct 2005 00:00:00 GMT

Interview with Thomas E. Mann; The Diane Rehm Show (10/10/05)

The Supreme Court's Divided Decisions

Thu, 06 Oct 2005 00:00:00 GMT

Opinion by Cass R. Sunstein; The New York Times (10/6/05)

Volley of Complaints: A Change in the Confirmation Game

Sun, 02 Oct 2005 00:00:00 GMT

Article by Cass R. Sunstein; The Washington Post (10/2/05)

Reshaping the Supreme Court

Fri, 16 Sep 2005 09:00:00 GMT

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September 16, 2005, 9:00 AM to 10:30 AM

As the U.S. Senate debated the nomination of Judge John Roberts, Jr. to become the 17th chief justice of the United States, the Brookings Institution held a panel discussion on the issues likely to be raised in the Senate floor debate on the nomination as well as the important issues the court is expected to decide over the next twenty years.

How Should the Supreme Court Interpret the Constitution?

Tue, 13 Sep 2005 10:15:00 GMT

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September 13, 2005, 10:15 AM to 12:00 PM

Remote Control: The Supreme Court's greatest failing

Thu, 01 Sep 2005 00:00:00 GMT

Opinion by Stuart Taylor, Jr.; The Atlantic Monthly (9/1/05)

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.

Reining in a Runaway Federal Judiciary?

Wed, 04 May 2005 00:00:00 GMT

Opinion by Thomas E. Mann and Alan Murphy; Brookings Website (5/4/05)

This Battle Isn't New: The Filibustering of Judicial Nominations

Sun, 06 Mar 2005 00:00:00 GMT

Opinion by Sarah Binder and Steven S. Smith; St. Louis Post-Dispatch (3/6/05)

The 'Nuclear' Option for Ending Filibusters

Tue, 04 Jan 2005 00:00:00 GMT

Interview with Sarah Binder; NPR Morning Edition (01/4/05)

Event Summary: Executive Power and Due Process: Supreme Court Rules on ""Enemy Combatants""

Thu, 08 Jul 2004 00:00:00 GMT

Summary of a Brookings Briefing on Executive Power and Due Process: Supreme Court Rules on ""Enemy Combatants"" (7/8/04)

Executive Power and Due Process: Supreme Court Rules on "Enemy Combatants"

Thu, 08 Jul 2004 10:00:00 GMT

Event Information:

July 08, 2004, 10:00 AM to 11:30 AM

In one of the most important decisions in many decades on the tensions between the president's wartime powers and civil liberties, the Supreme Court upheld executive detention of "enemy combatants" during wartime. Four former high-level government officials—who served in both Bush administrations as well as under Presidents Reagan and Clinton—discussed the decisions and their implications for future actions by the executive, legislative, and judicial branches.

So Far, So Good on Campaign Finance Reform

Mon, 01 Mar 2004 00:00:00 GMT

Opinion by Thomas E. Mann and Norman Ornstein, The Washington Post (3/1/04)

Separating Myth From Reality in McConnell v. FEC

Mon, 01 Mar 2004 00:00:00 GMT

Article by Thomas E. Mann, Election Law Journal (March 2004)

Diversity a Legitimate Justice Department Goal

Thu, 15 Jan 2004 00:00:00 GMT

Opinion by Larry D. Thompson (1/15/2004)

Fighting Terrorism, Preserving the Rule of Law

Mon, 10 Nov 2003 00:00:00 GMT

Speech by Larry D. Thompson (11/10/03)

Court Faces Stark Choice on McCain-Feingold

Tue, 16 Sep 2003 00:00:00 GMT

Opinion by Thomas E. Mann (9/16/03)

""Hard Money"" Is Easy to Come By

Fri, 05 Sep 2003 00:00:00 GMT

Opinion by Norman Ornstein and Anthony Corrado (9/5/03)

Filibusters a Great American Tradition

Sun, 25 May 2003 00:00:00 GMT

Opinion by Sarah A. Binder, The Brookings Institution (5/25/03)

Estrada Caught In 'Poisonous' War Based on Ideology

Wed, 05 Mar 2003 00:00:00 GMT

Opinion by Thomas E. Mann, Roll Call, (3/05/03)

Post-Election Wrap-Up

Wed, 06 Nov 2002 00:00:00 GMT

Interview with Sarah Binder, Senior Fellow, Governance Studies, the Brookings Institution, on NPR's Talk of the Nation, November 6, 2002

Public Hearings of The National Commission on the Public Service: A Time of Crisis and Opportunity

Mon, 15 Jul 2002 00:00:00 GMT

Event Information:

July 15, 2002 at 12:00 AM

Administration Wiretap Proposal Hits the Right Issues But Goes Too Far

Wed, 03 Oct 2001 00:00:00 GMT

Analysis Paper by Peter P. Swire (10/3/01)

The Senate as a Black Hole: Lessons Learned from the Judicial Appointment Experience

Thu, 01 Mar 2001 00:00:00 GMT

Brookings Review article by Sarah Binder (Spring 2001)

Judicial Activism Rears it's Head Again

Fri, 23 Feb 2001 00:00:00 GMT

Opinion by E.J. Dionne, Jr., Senior Fellow, Governmental Studies, the Brookings Institution, in Dayton Daily News, February 23, 2001