Federal Judiciary

Tom estimates that Elena Kagan, if nominated to replace Justice Stevens, would recuse in only 13 cases next Term due to her service as Solicitor General, a number much lower than other commentators have suggested.

Lisa discusses the factors President Obama is likely considering as he chooses a nominee to replace Justice Stevens: diversity, age, ideology, and (most importantly, she says) confirmability.

Lyle reports Sunday that conservative political activists filed a motion before the D.C. Circuit asking the court to swiftly put into effect its ruling on the campaign finance case SpeechNow.org v. FEC, which, in light of the Supreme Court’s decision in Citizens United v. FEC, struck down federal contribution limits on independent political groups that want to spend money supporting or opposing candidates for national office.