The Republican Senate Should Hold Firm on Supreme Court Nomination
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John Yoo writes for National Review:
President Obama’s nomination of Merrick Garland to the Supreme Court demonstrates a desire to compromise with the Senate, but it should not change the calculus of the Republican majority to keep Justice Scalia’s seat open. Garland is the chief judge of the U.S. Court of Appeals for the D.C. Circuit, commonly described as the second-most important court in the land after the Supreme Court (and the bench on which Justice Scalia served first, as well as Chief Justice Roberts, Justice Ginsburg, and Justice Thomas). He has a reputation as a left-of-center judge, likely more moderate that the liberal bloc on the Supreme Court.
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Gerald Ratner Distinguished Service Professor of Law, Faculty Director of the Jenner & Block Supreme Court and Appellate Clinic, University of Chicago Law School
David Strauss graduated from Harvard College summa cum laudein 1973. He then spent two years at Magdalen College, Oxford, on the Marshall Scholarship and received a BPhil in politics from Oxford in 1975. In 1978, he graduated magna cum laude from Harvard Law School, where he was developments editor of theLaw Review. Before joining the Law School faculty, he worked as an Attorney-Adviser in the Office of Legal Counsel of the US Department of Justice and was an Assistant to the Solicitor General of the United States.
Strauss joined the Law School faculty in 1985. He has published articles on a variety of subjects, principally in constitutional law and related areas, and recently published The Living Constitution (Oxford University Press, 2010). He is, with Geoffrey Stone and Dennis Hutchinson, editor of the Supreme Court Review. He has been a visiting professor at Harvard and Georgetown. He is a Fellow of the American Academy of Arts and Sciences.
Strauss has argued nineteen cases before the United States Supreme Court. In 1990, he served as Special Counsel to the Committee on the Judiciary of the United States Senate. He is a member of the national Board of Directors of the American Constitution Society. He has also served Chair of the Board of Trustees of the University of Chicago Laboratory Schools and as a member of the Board of Governors of the Chicago Council of Lawyers. In addition to his current teaching interests - constitutional law, federal jurisdiction, elements of the law, and administrative law - he has taught civil procedure and torts.
U.S. District Court for the Eastern District of Pennsylvania
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.