Reagan screened judicial nominees for ideological conformity

Evidence

President Reagan was concerned less with the demographics of his nominees than with their legal and political views. Early in his administration, he announced that he would only appoint judges who embraced the philosophy of judicial restraint; that is, judges who would defer to the popularly elected branches of government and give a presumption of constitutionality to governmental actions. To accomplish this, Reagan devised what one participant called “the most thorough and comprehensive system for recruiting and screening federal judicial candidates of any administration ever.” In place of the nominating commissions, he established the Office of Legal Policy, which scrutinized the backgrounds of prospective nominees and conducted rigorous daylong interviews with them. Candidates whose views meshed with the Reagan administration’s were put forward; candidates who failed what critics called an “ideological litmus test” were not. As a result, far more than in previous administrations, President Reagan’s nominees reflected a consistent legal and political perspective. — G. Alan Tarr, Judicial Process and Judicial…, 479

Categorization

  • DEFINE: Defines judicial restraint (‘defer to popularly elected branches… presumption of constitutionality’) inline, a core course concept.
  • XREF: Judicial restraint as defined here pairs with later treatment of activism and interpretation methods in the course. — connects to: Presidents differ sharply in how much ideological screening they apply to judicial nominees — G. Alan Tarr, Judicial Process and Judicial…, 493; Judicial nominees must satisfy both confirmability and ideological expectations — G. Alan Tarr, Judicial Process and Judicial…, 361; Political selection fills the courts with judges holding established partisan views — G. Alan Tarr, Judicial Process and Judicial…, 2571 (+6 more)

Broader Connections