Bench Memos

On the Senate’s Non-Existent Constitutional Obligation to Consider Judicial Nominees

For those who are still interested in the debate over whether the Senate has a constitutional obligation to consider a President’s judicial nominees, I highly recommend this article by Adam White over at the City Journal.  For those who want even more, I offer a link to my forthcoming essay for the George Mason Law Review which argues that there is no such duty. Those who’ve followed this debate (and read Ed’s posts on the subject) will be familiar with most of the arguments, but here they are (again) — and this time with lots of footnotes!

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and the director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
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