Partisan judicial confirmation battles stem from structural features of the appointment process

Evidence

The partisan and ideological disputes over the judicial nominations of Presidents Clinton and Bush reflect the polarization in American politics more generally. Also contributing to the conflict have been the tendency of recent presidents to appoint to the federal bench judges who shared their political perspective, the increasing involvement of ideological interest groups, and the willingness of senators to use confirmation politics to court such groups. Thus, it seems likely that the appointment of federal judges will remain a lightning rod for conflict and controversy. — G. Alan Tarr, Judicial Process and Judicial…, 507

Categorization

  • XREF: Connects to course’s foundational concern with how judicial selection institutional design drives conflict; also links to ongoing debates about court packing and confirmation norms. — connects to: Actual district court selection gives Senators appointment power despite Senate rarely rejecting nominees — G. Alan Tarr, Judicial Process and Judicial…, 467; Divided government lowers judicial confirmation rates. — G. Alan Tarr, Judicial Process and Judicial…, 501; Filibusters and recess appointments weaponize judicial confirmation procedures — G. Alan Tarr, Judicial Process and Judicial…, 513 (+8 more)

Broader Connections