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60 Howard L.J. 663 (2016-2017)
Evaluating President Obama's Appointments of Judges from a Conservative Perspective: What Did the Election of Donald Trump Mean for Popular Sovereignty

handle is hein.journals/howlj60 and id is 693 raw text is: 









        Evaluating President Obama's
        Appointments of Judges from a
     Conservative Perspective: What Did
        the  Election   of Donald Trump
        Mean   for  Popular Sovereignty?



                  STEPHEN B. PRESSER*


INTRODUCTION:   PRESIDENT  OBAMA'S  JUDICIAL
      APPOINTMENTS:  THE  NUMBERS  ................ 664
   I. PRESIDENT  OBAMA'S  VIEW  OF THE
      JUDICIARY: A CURRENT   PARTY DIVISION
      OVER  BLACKSTONE   AND BENTHAM   ........... 665
   II. DONALD TRUMP  AND  THE  CONSERVATIVES
      ON THE JUDICIARY        ........................... 668
  III. THE VIEW OF THE CONSERVATIVES   WITH
      REGARD  TO THE  PRESERVATION   OF POPULAR
      SOVEREIGNTY     ................................ 671
  IV. THE ACADEMY'S   DISDAIN FOR  THE
      CONSERVATIVE   VIEW     ......................... 673
  V.  THE SOURCES  OF CURRENT   ACADEMIC
      JUDICIAL IDEOLOGY:  THE  POLITICAL
      DEFENDERS   OF THE LIVING CONSTITUTION...   675
  VI. THE CRITICS OF THE WARREN   COURT   AND OF
      THE LIVING CONSTITUTION   AND THEIR
      CRITICS    ...................................... 678

   * Raoul Berger Professor of Legal History Emeritus, Northwestern Pritzker School of
Law, Professor of Strategy, Kellogg School of Management, Northwestern University. This Ar-
ticle develops the themes of my remarks at The 13th Annual Wiley A. Branton/Howard Law
Journal Symposium on Friday, October 14, 2016. The program of the Symposium is available at
http://www.law.howard.edul2065 (last visited Jan. 24, 2017). Our panel was called, President
Obama's Appointments to the Federal Bench.
2017 Vol. 60 No. 3


663

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