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
- Filibusters and recess appointments weaponize judicial confirmation procedures
#exemplifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 513 - Divided government and lame-duck presidencies predict Supreme Court confirmation failure
#exemplifies(0.83) — G. Alan Tarr, Judicial Process and Judicial…, 543 - Partisan conflicts shaped the early structure of the federal judiciary
#exemplifies(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 234 - Partisan and political weakness drives Supreme Court nominee rejections
#expands(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 543 - Senate initiations and presidential involvement in appointments vary by court level
#expands(0.78) — G. Alan Tarr, Judicial Process and Judicial…, 650 - Political selection fills the courts with judges holding established partisan views
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2571 - Gubernatorial appointment resembles federal judicial selection requiring confirmation
#expands(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 386