Reading Room Document
Views on two issues relating to the President's power to make appointments to the District of Columbia Superior Court under Public Law 93-198 § 434(d)(1).
The document is a memorandum responding to questions about the President's power to make appointments to the District of Columbia Superior Court. The conclusion reached is that the President can resubmit his nominations to the Senate without asking for a new list of candidates from the Commission, and he has a sixty-day period to do so. The questions presented for review include whether the President may resubmit his nominations without asking for a new list of candidates, and whether the President has a sixty-day period within which to do so. The document also addresses the issue of the Senate adjourning sine die without acting on a nomination, concluding that the President should be entitled to the full sixty-day period to reconsider his nominations in the light of the Senate's inaction.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit