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A project tracking federal judicial nominations and courts.


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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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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 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

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."

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

"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.

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