The Next Justice

The Next Justice
Author: Christopher L. Eisgruber
Publisher: Princeton University Press
Total Pages: 255
Release: 2009-06-07
Genre: Law
ISBN: 0691143528

He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

Strategic Selection

Strategic Selection
Author: Christine L. Nemacheck
Publisher: University of Virginia Press
Total Pages: 204
Release: 2007
Genre: Law
ISBN: 9780813927435

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.

Justices, Presidents, and Senators

Justices, Presidents, and Senators
Author: Henry Julian Abraham
Publisher: Rowman & Littlefield
Total Pages: 492
Release: 2008
Genre: History
ISBN: 9780742558953

Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.

Supreme Court Appointments

Supreme Court Appointments
Author: Norman Vieira
Publisher: SIU Press
Total Pages: 328
Release: 1998
Genre: History
ISBN: 9780809322046

Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees. President Ronald Reagan's nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees.

Supreme Court Appointment Process

Supreme Court Appointment Process
Author: Denis S. Rutkus
Publisher: DIANE Publishing
Total Pages: 63
Release: 2010-08
Genre: Law
ISBN: 1437931790

Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.

Pursuit of Justices

Pursuit of Justices
Author: David Alistair Yalof
Publisher: University of Chicago Press
Total Pages: 312
Release: 2001-10-15
Genre: Law
ISBN: 9780226945460

Yalof takes the reader behind the scenes of what happens before the Senate hearings to show how presidents decide who will sit on the highest court in the land. He draws on the papers of 7 modern presidents and firsthand interviews with key figures.

Ideas with Consequences

Ideas with Consequences
Author: Amanda Hollis-Brusky
Publisher: Studies in Postwar American Po
Total Pages: 265
Release: 2015
Genre: Law
ISBN: 0199385521

Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.

Supreme Disorder

Supreme Disorder
Author: Ilya Shapiro
Publisher: Simon and Schuster
Total Pages: 242
Release: 2020-09-22
Genre: Political Science
ISBN: 1684510724

NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

The Chief Justice

The Chief Justice
Author: David J. Danelski
Publisher: University of Michigan Press
Total Pages: 465
Release: 2016-08-05
Genre: Law
ISBN: 0472119915

Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court