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A project tracking federal judicial nominations and courts.


Reports and Analysis

 

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William Myers’ Nomination to a Lifetime Seat on the U.S. Court of Appeals Threatens Environmental and Other Protections
William Myers’ Nomination to a Lifetime Seat on the U.S. Court of Appeals Threatens Environmental and Other Protections.

Sixth Circuit Nominee Jeffrey S. Sutton: A Threat to the Constitution and Fundamental Environmental Protections
Sixth Circuit Nominee Jeffrey S. Sutton: A Threat to the Constitution and Fundamental Environmental Protections.

Fact Sheet regarding Myers's opposition to public access to the courts
William Myers’ Views on Access to the Courts Violate Ninth Circuit Precedent and Would Effectively Bar Many Vital Environmental and Other Public Interest Claims.

Beyond the Toad: Judge Roberts Needs To Explain His Views On Congressional Authority
Judge Roberts Needs To Explain His Views On Congressional Authority To Protect The Environment, And On Citizens’ Access To Courts.

Would John Roberts Deny Your Access to Our Courts?
Throughout his legal career, Supreme Court nominee John G. Roberts, Jr. has supported policies, arguments and decisions that would restrict access to courts by average Americans.

Lawrence J. Block’s Troubling Record on Takings
Mr. Block's record and his answers to the Senate Judiciary Committee Questionnaire for Judicial Nominees suggest that he would apply an extreme approach to takings law that would conflict with unanimous Supreme Court rulings.

Background: Jeffrey S. Sutton
In his writings and speeches, Mr. Sutton has advanced a view that pits the federal government against the states, doing violence to notions of cooperative federalism that underlie most environmental, health, and safety legislation.

Judge Alito’s Nomination Threatens Safeguards for the Environment and Public Health
Judge Samuel A. Alito Jr.’s record indicates that his nomination to a lifetime seat on the Supreme Court endangers laws that Americans rely upon, including fundamental safeguards for public health and the environment.

Myers Talking Points
William Myers’ Nomination to a Lifetime U.S. Court of Appeals Judgeship Threatens a Wide Range of Environmental and Other Protections.

Bar Associations Speak Out Against Splitting the Ninth Circuit Court of Appeals in 2005-2006
Bar Associations Speak Out Against Splitting the Ninth Circuit Court of Appeals in 2005-2006.

Anti-Environmental Record of Texas Supreme Court Justice Priscilla Owen: Renominated to a Lifetime Seat on the U.S. Court of Appeals for the Fifth Circuit
Texas Supreme Court Justice Priscilla Owen has been re-nominated to a lifetime seat on the United States Court of Appeals for the Fifth Circuit despite the very serious environmental and other concerns with her record.

William H. Pryor: A Remarkable Record of Hostility Toward Federal Environmental Protections
In speeches, law review articles and legal briefs, Alabama Attorney General William H. Pryor has enthusiastically argued that many of our most cherished federal environmental safeguards are unconstitutional.

Out of Balance: Appeals Courts Tilt Right
This map describes how Bush's judicial appointments threaten to unbalance the federal appeals courts.

Overview of Nominees
Packing the Courts: President Bush’s Nominees to Lifetime Federal Judgeships Threaten the Environment

Federalism and Separation of Powers: A Court United
A statement of a number of ninth circuit judges opposed to the ninth circuit split.

Judge Samuel A. Alito, Jr. and the Environment Post-Hearing Talking Points
Reasons why environmental organizations oppose the nomination of Judge Samuel Alito to the Supreme Court of the United States.

Judge Alito’s Nomination Threatens Access to Justice
As a Supreme Court justice, Judge Alito could essentially rewrite the Constitution to establish new barriers to justice for people who want to ensure that environmental laws are upheld and enforced.

Court of Federal Claims judge: need to delay Nov. trial to July because of judicial vacancies
Court of Federal Claims Judge Mary Ellen Coster Williams: "The Court must postpone the November trial. .... As you know, we’re down now six [five] judges, and we have to give priority, by statute, to our emergency cases, and we have a lot of them. ... So, you can’t have the November two weeks. ... I have a very, very full trial schedule myself in early 2016. My earliest trial date for two weeks is July 11th."

ENVIRONMENTAL SETTLEMENTS AND ADMINISTRATIVE LAW
Courtney R. McVean and Justin R. Pidot law review article concludes that "Environmental settlements have distinct advantages because they provide federal agencies with the opportunity to control litigation risk and overcome bureaucratic inertia. In the absence of a compelling justification for limiting the discretion of agencies to enter into settlements, Congress and the public should allow environmental settlement practices to persist."

GOP SENATORS SUPPORT SENATE ACTION ON 24 JUDICIAL NOMINEES FROM THEIR STATES (FEB. 3, 2014)
REPUBLICAN U.S. SENATORS FROM 13 STATES SUPPORT SENATE ACTION ON 24 PENDING DISTRICT AND APPEALS COURT NOMINEES & RE-NOMINEES WHO WOULD FILL VACANCIES IN THEIR STATES- INCLUDING: • 12 RE-NOMINEES THE JUDICIARY COMMITTEE APPROVED & ALL DEMOCRATIC SENATORS HAVE CLEARED FOR FLOOR VOTES • 11 WHO WOULD FILL US COURTS DECLARED JUDICIAL EMERGENCY VACANCIES

GOP SENATORS SUPPORT SENATE ACTION ON 23 JUDICIAL NOMINEES FROM THEIR STATES (FEB. 2014)
REPUBLICAN U.S. SENATORS FROM 12 STATES SUPPORT SENATE ACTION ON 23 PENDING DISTRICT AND APPEALS COURT NOMINEES & RE-NOMINEES WHO WOULD FILL VACANCIES IN THEIR STATES- INCLUDING: „h 12 RE-NOMINEES THE JUDICIARY COMMITTEE APPROVED & ALL DEMOCRATIC SENATORS HAVE CLEARED FOR FLOOR VOTES „h 10 WHO WOULD FILL US COURTS DECLARED JUDICIAL EMERGENCY VACANCIES

The True Spirit of The Union”: How the Commerce Clause Helped Build America and Why the Corporate Right Wants to Shrink It Today
People For the American Way Foundation report By Jamie Raskin, Senior Fellow, People For the American Way

Testimony of Dahlia Lithwick, Senior Legal Correspondent,
"In addition to the trend toward overruling precedent by stealth, the court has been able to make dramatic changes without even a modicum of drama by chipping away at our access to the courts. Be it through the doctrines of constitutional “standing” or “ripeness,” by virtually doing away with facial constitutional challenges, or by subtly shifting the burden of proof on plaintiffs – it is becoming materially harder for victims of any sort of injustice or discrimination to access the very protections this congress has enacted. ... from environmental protections to worker protections, to civil rights legislation, Congressional guarantees of equal justice are only as robust as a citizen’s power to march into a courtroom. That doorway gets narrower every year."

American Judicature Society President's Report, "Judicial Pay and the Independence of the Judiciary"
March 2007 Report by Neal R. Sonnett, President of the American Judicature Society, on judicial pay

ACTL's "Judicial Compensation: Our Federal Judges Must Be Paid"
March 2007 Report by the American College of Trial Lawyers on judicial compensation.

Executive Nominations Failed / Returned to the President
Executive Nominations Failed / Returned to the President from the U.S. Senate.

Summary of Opposition to Splitting the Ninth Court of Appeals
Opponents of proposals to split the Ninth Circuit Court of Appeals include the vast majority of judges from the Ninth Circuit, elected officials, bar associations, law professors, prominent practitioners, editorial boards, and civil rights, women's rights, disability rights, labor, health, religious, conservation and other national, state and local groups.

Fact Sheet: Bar Associations Opposing a 9th Circuit Split 2004-2005
Bar Associations Speak Out Against Splitting the Ninth Circuit Court of Appeals in 2005-2006.

H.R. 4772, A “Hammer to the Head” to Local Communities
Federal “takings” legislation, reported out of the House Judiciary Committee in July 2006, would make it harder for local communities to fight crime and fires, regulate adult entertainment clubs, reduce pollution, and protect open space.

Report on the Nomination of Michael B. Wallace to the Court of Appeals for the Fifth Circuit
Report on the Nomination of Michael B. Wallace to the Court of Appeals for the Fifth Circuit

Elected officials reveal the real ideological reasons behind their drive to split the 9th circuit
The following are statements from elected officials who have sponsored or supported bills to split the Ninth Circuit stating that they support these measures on the explicit basis of ideological concerns

Ideologically-Based Efforts to Split the 9th Circuit Court of Appeals
Fact Sheet on the ideological motivation behind efforts to split the Ninth Circuit.

Conservative Opposition to Splitting the 9th Circuit Fact Sheet
Opposition to splitting the Ninth Circuit is widespread and bipartisan. Below are excerpts from prominent conservatives explaining the basis for their opposition.

The Commerce Clause and the Environment
Earthjustice Exectutive Director Buck Parker discusses The Commerce Clause and its relation to Environmental Law.

These Five Senators Know Better than to go Nuclear, Don't They?
The fate of the Senate now rests in the hands of a handful of Republicans who have been great figures of the Senate, custodians of its traditions and its essence.

Justice Scalia's "Slash and Burn" Attack on Access to the Courts
The environmental community has brought hundreds if not thousands of lawsuits under statutes that involve fees and penalties, and the benefit to the environment has been immense.

"Unfit to Judge" Myers Post-Hearing
Hearing and Post-Hearing Record Reinforces the Case Against the Confirmation of William G. Myers III.

Report of PFAW on Myers
Report of People For the American Way in Opposition to the Nomination of William G. Myers III to the Ninth Circuit Court of Appeals.

Janice Rogers Brown and the Environment: A Dangerous Choice for a Critical Court
Justice Brown’s unfathomably bleak view of Americans and the motives and operation of the United States government animates her determination to resort to judicial activism to reduce the ability of government to enact and enforce a wide range of accepted safeguards.

Arguments for retaining the present structure of the 9th circuit
Arguments by Ninth Circuit Chief Judge Mary M. Schroeder for retaining the present structure of the 9th circuit.

Evolution of the Senate’s Role in the Nomination and Confirmation Process
Report for Congress by Betsy Palmer, Analyst in American National Government, Government and Finance Division.

Earthjustice urges the Senate to oppose the pending nomination of federal district judge D. Brooks Smith
Analysis of D. Brooks Smith's position on Federalism and the Commerce Clause, and his anti-environmental rulings