ACS Chicago Lawyer Chapter Hosts "The Politics and Process of Judicial Confirmations"
L-R: Lee Epstein, Henry Wade Rogers Professor, Northwestern University School of Law and Member, ACS Chicago Lawyer Chapter Board of Advisors and John Oldham McGinnis, Stanford Clinton, Sr. Professor of Law, Northwestern University School of Law.
L-R: David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School; Michael Zubrensky, Senior Counsel, Office of Assistant Majority Leader Senator Dick Durbin (D-IL).
On April 19, 2010, the Chicago Lawyer and The John Marshall Law School
Student Chapters of the American Constitution Society sponsored a timely program on “The Politics and Process of Judicial Confirmations.” Held in the wake of Justice John Paul Stevens’ announcement to retire from the Supreme Court, the event featured an esteemed panel of experts discussing the confirmation process as it has evolved in the past decades and how it will likely play out this summer. Lee Epstein, Henry Wade Rogers Professor at Northwestern University School of Law and Member of the ACS Chicago Lawyer Chapter Board of Advisors, moderated the discussion and queried the panel on the how the Obama Administration is preparing for the confirmation hearings and on the range of criteria being considered for potential nominees. John Oldham McGinnis, Stanford Clinton, Sr. Professor of Law at Northwestern University School of Law, commented that the Administration would be careful to choose a nominee who would not inflame the political discourse on social issues. He noted that for appellate judges this would largely come down to the luck of the draw of what cases have come before them. David A. Strauss, Gerald Ratner Distinguished Service Professor of Law at The University of Chicago Law School, observed that President Obama’s background as a community organizer and legislator may orient him to view courts as limited in their capacity to bring social change. President Obama may therefore be less likely to invest political capital in attempting to restructure the current court to resemble the Warren Court as some progressives desire. Michael Zubrensky, Senior Counsel in the Office of Assistant Majority Leader Senator Dick Durbin (D-IL), U.S. Senate, provided an inside view of the Judiciary Committee’s procedures in preparing for confirmation hearings and commented on the relative importance these hearings have for senators who sit on the committee. Given the criticism of these hearings as incentivizing nominees to offer only anodyne comments, Mr. Zubrensky also observed that the possibility of Solicitor General Elena Kagan’s nomination would make for an especially interesting hearing because in 1995 she published a scathing criticism of the vacuity of these hearings.
Student Chapters of the American Constitution Society sponsored a timely program on “The Politics and Process of Judicial Confirmations.” Held in the wake of Justice John Paul Stevens’ announcement to retire from the Supreme Court, the event featured an esteemed panel of experts discussing the confirmation process as it has evolved in the past decades and how it will likely play out this summer. Lee Epstein, Henry Wade Rogers Professor at Northwestern University School of Law and Member of the ACS Chicago Lawyer Chapter Board of Advisors, moderated the discussion and queried the panel on the how the Obama Administration is preparing for the confirmation hearings and on the range of criteria being considered for potential nominees. John Oldham McGinnis, Stanford Clinton, Sr. Professor of Law at Northwestern University School of Law, commented that the Administration would be careful to choose a nominee who would not inflame the political discourse on social issues. He noted that for appellate judges this would largely come down to the luck of the draw of what cases have come before them. David A. Strauss, Gerald Ratner Distinguished Service Professor of Law at The University of Chicago Law School, observed that President Obama’s background as a community organizer and legislator may orient him to view courts as limited in their capacity to bring social change. President Obama may therefore be less likely to invest political capital in attempting to restructure the current court to resemble the Warren Court as some progressives desire. Michael Zubrensky, Senior Counsel in the Office of Assistant Majority Leader Senator Dick Durbin (D-IL), U.S. Senate, provided an inside view of the Judiciary Committee’s procedures in preparing for confirmation hearings and commented on the relative importance these hearings have for senators who sit on the committee. Given the criticism of these hearings as incentivizing nominees to offer only anodyne comments, Mr. Zubrensky also observed that the possibility of Solicitor General Elena Kagan’s nomination would make for an especially interesting hearing because in 1995 she published a scathing criticism of the vacuity of these hearings.
This program is a part of a new ACS series, "The Future of the Courts: Nominations, Confirmations, and the Pursuit of Justice." This series of programs features experts on the courts examining issues such as the importance of the courts, the status of judicial vacancies and the confirmation process.
The Chicago Lawyer Chapter thanks The John Marshall Law School for hosting this event.
Click HERE to return to the Chicago Chapter webpage.
Click HERE to return to the ACS Lawyer Chapters webpage.
.png){kind=icon}
