Update | The Week of November 27, 2017
Take Care // 11/30/17 //
Steven G. Calabresi’s proposal to expand the federal judiciary has proved controversial, but Calabresi and Shams Hirji argue that the proposal does not violate past practice or norms (Balkinization).
- The original proposal is here.
- The proposal would delegitimize judicial review and pit Democratic-appointed judges as subverting the rule of law, argues Richard Primus at the Harvard Law Review Blog.
- The Democrats, not just Republicans, should consider expanding the Supreme Court to eleven Justices, contends Mark Tushnet at Balkinization.
- Though inadvisable, the proposal is but another effort by the current conservative coalition to maintain its power, writes Jack Balkin at Balkinization.
- Legislators should be held to “role restraints,” just as we hold judges to judicial restraint, argues Neil Siegel at Balkinization.
- At National Review, Josh Blackman argues that Republicans should not pack the courts (here).
One of President Trump’s nominees to the federal bench failed to disclose 16,000 troubling online posts, writes Alex Swoyer at the Washington Times.
President Trump’s nominees to the federal judiciary are overwhelming white and male, turning the tide against a trend toward greater diversity (CNN).
Republican Senator John Kennedy is one of the few in his party who has shown a willingness to oppose the President’s judicial nominees (Buzzfeed).
The Airforce has failed to report dozens of service members to the federal gun background database, as required by law (NYT).
The F.B.I should not need a search warrant for a certain kind of FISA request, Asha Rangappa writes in Just Security.
A foreign policy based on “celebrity populism” holds significant pitfalls, writes Robert Zoellick in The Washington Post.
President Trump is moving aggressively to fill judicial vacancies, and these picks will have a profound impact on environmental law cases (ClimateWire).
President Trump will no longer campaign on behalf of Roy Moore, but he has warned against the Democratic candidate in the Alabama race (WaPo).
President Trump reaffirmed his support for Alabama Senate candidate Roy Moore (WaPo, NYT).
- The President has privately acknowledged that his support is a political calculus (NYT).