Senatorial courtesy gives home-state senators effective veto power over district court appointments

Evidence

Since at least the 1840s, the selection of district court judges has reversed the constitutional prescription and has lodged the primary power in the Senate. More precisely, under the system that developed during the mid-nineteenth century, power rests in the hands of the senators from the president’s party in the state in which a judge is to serve. If these senators invoke senatorial courtesy, indicating their opposition to a nominee, the Senate almost invariably rejects the president’s choice. — G. Alan Tarr, Judicial Process and Judicial…, 467

Categorization

• DEFINE: Defines ‘senatorial courtesy’ as the mechanism by which home-state senators of the president’s party can kill a judicial nomination.
• XREF: Connects to Constitutional Article II’s appointments clause and advice-and-consent design versus actual practice. — connects to: Actual district court selection gives Senators appointment power despite Senate rarely rejecting nominees — G. Alan Tarr, Judicial Process and Judicial…, 467; Senate initiations and presidential involvement in appointments vary by court level — G. Alan Tarr, Judicial Process and Judicial…, 650; Constitutional design gives the president and Senate shared federal judicial appointment power — G. Alan Tarr, Judicial Process and Judicial…, 646 (+3 more)

Broader Connections

• Actual district court selection gives Senators appointment power despite Senate rarely rejecting nominees #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 467
• Constitutional design gives the president and Senate shared federal judicial appointment power #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 646
• Veto players are institutions with power to block policy change #expands (0.78) — Nathan Kelly and Jana Morgan, How US Policymaking Institutions…, 65
• A single senator’s party defection can shift control of judicial confirmations. #exemplifies (0.76) — G. Alan Tarr, Judicial Process and Judicial…, 503
• Senate initiations and presidential involvement in appointments vary by court level #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 650
• The Senate can block a judge via filibuster until a recess appointment #complicates (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 513