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Solicitor General Kagan’s Confirmation Hearing

Online Debate
Paul E. Mirengoff, Adam Winkler, Carrie Severino, Richard W. Garnett June 23, 2010

UPDATED: 11 AM,  July 8, 2010

On May 10, 2010 President Obama nominated Solicitor General Elena Kagan to replace Justice Stevens as an Associate Justice of the Supreme Court of the United States. General Kagan’s Senate Judiciary Committee hearing on her nomination will begin on June 28th, 2010. In this installment of Originally Speaking, experts will discuss how to approach General Kagan’s confirmation hearing by considering the following questions and others:

  • What standard Senators should use to support or oppose the nomination?
  • What deference should be given to the President?
  • What weight should be given to the nominee's views on issues?
  • What questions the Committee should ask and which ones should the nominee answer?

The Kagan Nomination

Online Debate
Scott Moss, Carrie Severino, Richard Pildes May 11, 2010

Updated: 6 PM, May 13, 2010

On May 10, 2010, President Obama nominated Solicitor General Elena Kagan to fill the vacancy that Justice Stevens will create when he retires at the end of this term. In this installment of Originally Speaking, the participants will discuss how Solicitor General Kagan measures up as a nominee to the Supreme Court of the United States.

Justice Stevens’ Retirement & Filling the Vacancy

Online Debate
Scott Moss, Richard Pildes, Carrie Severino, David Stras April 28, 2010

Updated: 9 AM, May 5, 2010

On Friday, April 9, 2010, Justice John Paul Stevens announced that he will retire from the Supreme Court this summer. President Obama has started the process of finding someone to fill the vacancy that Justice Stevens’ retirement will create. In this installment of Originally SpeakingScott A. MossRichard H. PildesCarrie Severino, and David Stras will discuss Justice Stevens’ retirement and issues related to filling the vacancy.

Citizens United v. FEC: A Roundtable Discussion

Online Debate
Barry Friedman, Erik S. Jaffe, Trevor Potter, Larry Ribstein, Howard M. Wasserman February 03, 2010

Last updated: Wednesday, March 3, 2010 at 9 AM

On January 21, 2010, the Supreme Court announced its decision in Citizens United v. FEC. The Court held that the government may not limit corporate independent expenditures in elections. The Court reasoned that such limitations violate the First Amendment because the First Amendment prohibits restrictions on disfavored speakers. In addition, the Court held that the Bipartisan Campaign Reform Act’s disclosure requirements, as they applied toHillary: The Movie, were constitutional. The Court reasoned that such requirements were permissible due to a governmental interest in providing the electorate with knowledge about sources of election spending. In this installment of Originally SpeakingBarry FriedmanErik S. Jaffe, Trevor Potter, Larry E. Ribstein, and Howard M. Wasserman will discuss the decision, the soundness of its reasoning, and its implications.

The Civilian Trial of Khalid Sheikh Mohammed

Online Debate
Gabor Rona, Kyndra Rotunda, Andrew C. McCarthy, David D. Cole, George J. Terwilliger III January 05, 2010

Last updated at 4:00 PM on Wednesday, February 1, 2010

On November 13, 2009, Attorney General Eric Holder announced the Department of Justice will pursue prosecution in civilian federal court of Khalid Sheikh Mohammed and four other Guantanamo detainees previously charged before military commissions with conspiring to commit the 9/11 attacks. In addition, Attorney General Holder stated that five other Guantanamo detainees will stand trial before military commissions. In this installment of Originally Speaking, the participants will consider the legal and policy dimensions of Attorney General Holder's decisions.