Browse
Essays
The Lost Culture of Originalism
We no longer have a culture of judicial originalism, and John O. McGinnis explains why that's a serious problem.
Essays
Other Factors Fail to Explain Our Broken Nominations Process
John R. Lott, Jr. explains why he rejects the other factors that purportedly explain our judicial nominations problem.
Essays
Robust Confirmation Battles May Be Here to Stay
Clint Bolick explains why the judicial confirmations process is likely to remain a mess.
Essays
The Senate Broke the Nominations Process, Not the Size of Government
Michael Teter argues that the Senate is to blame for the delay in seating federal judges, and that reforming its rules is the answer.
Essays
Responses
John R. Lott Jr. responds to John O. McGinnis and Michael Teter about the timing and outcomes of judicial nominations and confirmations.
Essays
Originalism Can Help Solve This Problem
John O. McGinnis recommends lowering the stakes of the judicial nominations process with a return to originalist jurisprudence.
Essays
Judicial Nominations and the Freedom Movement
Clint Bolick agrees that judges are all too powerful these days. Until we can rein them in, he recommends that we make them a force for liberty.
Essays
Senate Rules and Norms, Not the Size of the Federal Government, are to Blame for the Broken Judicial Confirmation Process
Michael Teter blames the rules and traditions of the senate, not big government, for our judicial confirmation mess.
Essays
How the Courts Got Dumbed Down
John R. Lott, Jr. argues that the federal judicial nomination process is broken, and that the best nominees are driven away due to partisanship.
Issues
Are Judicial Nominations Broken? How Should We Fix Them?
Many charge that the U.S. federal judicial nomination process is broken. Experts debate whether this is so and what to do about it.