The New Republic

Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog, where this piece was originally posted. Here is how I think the nomination process is likely to play out. I divide it into process and substance. READ MORE >>

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Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog. A version of this piece was originally posted there on April 27, 2010. READ MORE >>

All across the country, Republicans are fantasizing about a gigantic electoral tide that will sweep out deeply entrenched Democratic incumbents this November. In their telling, this deep-red surge will be so forceful as to dislodge even legislators who don’t look vulnerable now, securing GOP control of both houses of Congress. But could this scenario really come to pass? That will depend, in part, on what type of Republican Party the Democrats are running against in the fall. READ MORE >>

All across the country, Republicans are fantasizing about a gigantic electoral tide that will sweep out deeply entrenched Democratic incumbents this November. In their telling, this deep-red surge will be so forceful as to dislodge even legislators who don’t look vulnerable now, securing GOP control of both houses of Congress. But could this scenario really come to pass? That will depend, in part, on what type of Republican Party the Democrats are running against in the fall. READ MORE >>

WASHINGTON -- The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama's criticisms of the Supreme Court's recent legislation -- excuse me, decision -- opening our electoral system to a new torrent of corporate money. READ MORE >>

Crisis and Command: A History of Executive Power from George Washington to George W. Bush By John Yoo (Kaplan, 544 pp., $29.95) Bomb Power: The Modern Presidency and the National Security State By Garry Wills (Penguin, 288 pp., $27.95)   I. READ MORE >>

Last year, Joe "You Lie!" Wilson earned the scorn of the establishment. Last night, Supreme Court Justice Samuel Alito came under criticism. His crime? Being caught on camera expressing disagreement in response to criticism from the president. This emerged as a minor theme of the cable talking head wrapups, and the New York Times reported, "Justice Samuel A. READ MORE >>

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Attention was understandably focused on Sonia Sotomayor this week, as her confirmation hearings unfolded. But what about Obama's other judicial nominees? The president has so far nominated five judges to federal circuit courts. On average, these nominees are 55 years old, more than a decade older than Sotomayor was when she was nominated to the Second Circuit. (She was 43.) For years, Republicans have been nominating sharp young conservatives to the lower federal courts. READ MORE >>