Senate Judiciary Committee (SJC)
51 Articles
Senate Procedures Offer No Hope for Dems on Supreme Court Nominee
An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…
Trail Smelter Arbitration Offers Little Guidance for COVID-19 Suits against China
On June 23, the Senate Committee on the Judiciary held an extraordinary hearing on whether to amend the Foreign Sovereign Immunities Act (FSIA) in order to permit domestic lawsuits…
Leaked Documents Contain Major Revelations About the FBI’s Terrorism Classifications
New revelations about the FBI’s classification system for domestic terrorism investigations raise questions about its treatment of the white supremacist threat.
Barr’s Redaction Process, cont’d
Attorney General William Barr testified at length last week, in the House and the Senate, about his ongoing process of redacting the Mueller Report in anticipation of sharing it…
Barr the Redactor?
[April 7 UPDATES noted.] In his March 29 letter, Attorney General William Barr informed the Chairs of the congressional Judiciary Committees that the report Special Counsel Robert…
Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)
OLC’s governing view of the constitutionality of a grand jury indictment of a sitting president therefore doesn't stand in the way of DOJ providing a comprehensive account to…
Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…
Here Are the 30 People the FBI Needs to Interview in its Kavanaugh Investigation
There are 30 witnesses who are known and who must, at a minimum, be included in any serious FBI inquiry of the sexual assault allegations against Judge Brett Kavanaugh.
Letter to the Editor: Belief, Proof and a Plea for Mutual Understanding
If the past several years have shown us anything, it’s that the only viable path back to civil discourse and functional politics involves at least entertaining the possibility…
Rebecca Ingber’s Testimony Before the Senate Judiciary Committee
Today, Rebecca Ingber, associate professor of law at Boston University School of Law, appeared before the Senate Judiciary Committee to discuss the nomination of Brett Kavanaugh…
A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests
The Senate is now considering President Donald Trump’s nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Whoever replaces Justice Kennedy,…
Just Following Orders: Overdue Oversight and Unanswered Questions on Family Separations
Nearly three months after the Trump administration’s family separation policy began and over one month after a public outcry led to its end, Congress finally held its first hearing…