Carl Tobias

September 19, 2005 | National Law Journal

Now that the Senate Judiciary Committee has concluded its first week of hearings, senators must emphasize the critical responsibilities that the chief justice discharges and reject recent accounts that understate its duties. Senators must scrutinize the chief�s many crucial assignments as they consider the nominee.

By Carl TobiasSpecial to The National Law Journal

4 minute read

November 17, 2008 | National Law Journal

One of the most critical assignments that the Constitution delegates to the president is the selection of federal judges. For 20 years, divisive partisanship has troubled the process. The elections of Barack Obama and of the 111th Senate, in which Democrats and independents will have at least a 56-44 majority, offer an opportunity for a fresh start. If both work together in a bipartisan manner, they can speed the appointment of many talented judges, who can promptly, economically and fairly resolve cases.

By Carl Tobias / Special to The National Law Journal

4 minute read

November 21, 2011 | National Law Journal

The U.S. federal courts have reason to be thankful on this Thanksgiving holiday. The judiciary generally appears to fare better when Democrats control the U.S. Senate and House of Representatives; however, it remains unclear exactly how the 112th Congress and President Barack Obama will treat the third branch, especially given the serious financial problems that the United States continues to encounter.

By Carl Tobias

4 minute read

June 25, 2007 | National Law Journal

The 4th Circuit will soon have openings for a third of its 15 active judgeships, which could threaten justice's delivery. If President Bush wishes to fill the vacancies, he should work constructively with Democratic and Republican senators.

By Carl Tobias / Special to The National Law Journal

3 minute read

January 30, 2006 | National Law Journal

U.S. District Judge Eldon Fallon of the Eastern District of Louisiana recently declared a mistrial in the first federal Vioxx trial, the retrial of which will begin on Feb. 6.The initial federal trial might seem to be a draw. However, closer scrutiny reveals that Merck's situation is less favorable.

By Carl TobiasSpecial to The National Law Journal

4 minute read

January 03, 2005 | National Law Journal

Last month, the White House threw down the gauntlet on federal judicial selection. President George W. Bush announced that he will resubmit 12 highly controversial appellate nominees, most of whom Senate Democrats filibustered in the 108th Congress, when the new Congress convenes in early January. Illustrative are Janice Rogers Brown and Thomas Griffith for the U.S. Circuit Court for the District of Columbia.

By Carl Tobias Special to The National Law Journal

4 minute read

September 12, 2012 | National Law Journal

President Barack Obama must swiftly nominate, and the Senate should expeditiously confirm, judicial nominees, so that the courts can deliver justice.

By Carl Tobias

4 minute read

May 01, 2006 | National Law Journal

NTP Inc. and Research in Motion (RIM) recently settled their protracted dispute over continuing use of the BlackBerry, the popular wireless messaging device. This disposition by private settlement leaves unresolved many legal and public policy issues raised by the half-decade-long, sharply contested litigation.

By Carl Tobias/Special to The National Law Journal

4 minute read

January 08, 2013 | National Law Journal

Vacancies in the federal judiciary — almost 10 percent nationwide and a quarter in the Federal Circuit — can undercut prompt, inexpensive and fair case resolution.

By Carl Tobias

4 minute read

May 09, 2005 | National Law Journal

Recent days have witnessed a feeding frenzy over detonation of the nuclear option. These machinations and the media's reporting of them have obscured a critical development that shows how to avoid the nuclear option.

By Carl TobiasSpecial to The National Law Journal

5 minute read