Bench Memos

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Adam White in The Weekly Standard on the D.C. Circuit


Adam White has written an outstanding Weekly Standard cover on the D.C. Circuit Court of Appeals, providing background on the court and context for why conservatives must stop President Obama’s D.C. Circuit court-packing plan:

The D.C. Circuit does not “need” President Obama to appoint more judges. President Obama wants to appoint more judges. As a matter of presidential prerogative, that is a perfectly fine reason to nominate judges—but it is no reason for the Senate to accelerate its own review or confirmation of nominees.

As it happens, the reason that President Obama gave for nominating three new judges is precisely the reason the Senate should act with great deliberation and thoughtfulness in reviewing the nominations. “The judges on the D.C. Circuit routinely have the final say on a broad range of cases involving everything from national security to environmental policy, from questions of campaign finance to workers’ rights. In other words, the court’s decisions impact almost every aspect of our lives.”

They surely do, just as they have since the New Deal, if not the very beginning of the court. The D.C. Circuit has sparked controversy over the years, precisely because of the singular role it plays in our constitutional government.

Read the whole cover story.


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