Friday, April 8, 2016

The Department of Justice and Apple -- The iPhone Saga Continues

Apple and the Feds -- Part 2

In my post dated April 1, 2016 (located here), I suggested that the dispute between the Department of Justice (which includes the FBI) and Apple about accessing iPhones was not going away any time soon.  It most certainly is not.  The Department of Justice today indicated that it will be appealing the ruling in a case in Brooklyn because it still needs Apple's help unlocking an iPhone.  In fact, the FBI Director stated yesterday that the apparently successful hack utilized in connection with the San Bernardino iPhone will not work on later models.

Stay tuned as this issue works its way through the legal system.

For more details, check out these articles from The New York Times:

New York Times, April 8, 2016
New York Times, April 7, 2016

Thursday, April 7, 2016

Supreme Court Nominations and the Constitution

Must the Senate Consider a President’s Supreme Court Nominee?

No.  The Constitution grants the President the power to nominate Supreme Court Justices, but he can only appoint them if and when the Senate consents -- and there is no obligation requiring the Senate to take action. 

Article II, Section 2, states in relevant part as follows:  “he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the supreme Court . . . .”  Notably, the word "shall" applies to the President's nomination and appointment powers, which makes them obligatory, but the term is not used for the Senate's advice and consent power.