There exists a means of lodging an objection to what happened to Merrick Garland that ropes into the process a perhaps unlikely ally: Neil Gorsuch.
Latest in Supreme Court
A review of legal opinions by Judge Neil Gorsuch of the Tenth Circuit Court of Appeals, President Trump's pick to fill the ninth seat on the Supreme Court, on immigration, separation of powers, the Fourth Amendment, administrative law, international law, and foreign affairs.
The downside to conservatives from making this election a referendum on Scalia's jurisprudence.
If Republicans block Garland, the result may well be that Clinton nominates, and the Senate confirms, a younger, more liberal candidate more to the liking of civil libertarians.
Garland is both a great jurist and has extensive and diverse national security experience.
President Barack Obama announced Merrick Garland as his nominee to the Supreme Court of the United States.
Some have called for a national-security lawyer to be appointed to the Supreme Court. But it is unclear whether there is really a need for a national-security specialist on the Court—or even if it would be desirable.
Last week at The Brookings Institution, United States Supreme Court Justice Stephen Breyer participated in a discussion with Benjamin Wittes and Slate’s Dahlia Lithwick about his new book, "The Court and the World: American Law and the New Global Realities."
Zivotofsky was expected to make a valuable contribution in the form of its analysis of the scope of exclusive executive power. But the Court failed to set forth a compelling or clear method of deciding exclusivity, and instead, it chose to rely on a variety of indeterminate sources. This approach is troubling for many reasons, not least because it opens the door to problematic “functional” analyses of the type exemplified by Zivotofsky itself.
This morning, the U.S. Supreme Court engaged deeply in Zivotofsky v. Kerry with significant questions implicating foreign relations law and the separation of powers, and—perhaps surprisingly—provided some illuminating answers. Lawfare has drafted a summary of the Court's 93-page opinion.