The Confirmation Mess: Cleaning Up The Federal Appointments Process [Hardcover]

Stephen L. Carter (Author)

Book Description

Publication Date: May 12, 1994

Stephen L. Carter tells what’s wrong with our confirmation process, explains how it got that way, and suggests what we can do to fix it. Using the most recent confirmation battles as examples, Carter argues that our confirmation process will continue to be bloody until we develop a more balanced attitude toward public service and the Supreme Court by coming to recognize that human beings have flaws, commit sins, and can be redeemed.

Editorial Reviews

Amazon.com Review

This book, Stephen L. Carter writes, "is about the difference between arguing the merits of a proposed appointment and turning the public debate into the intellectual equivalent of a barroom brawl." He does not take sides; he finds what happened to Robert Bork as distasteful as what happened to Lani Guinier. And, with a flair for sophisticated arguments couched in plain language evident throughout his work, he argues that the only way things will get better is if the American people redefine their attitude to public service, envisioning it as a job for those competent to perform it rather than a bonus to be handed out to those who have earned favor with ruling parties. --This text refers to the Paperback edition.

From Publishers Weekly

Carter offers his views on the Senate's confirmation process, highlighting such recent candidates as Robert Bork, Clarence Thomas, Lani Guinier and Zoe Baird.
Copyright 1995 Reed Business Information, Inc. --This text refers to the Paperback edition.

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Product Details

• Hardcover: 272 pages
• Publisher: Basic Books; 1St Edition edition (May 12, 1994)
• Language: English
• ISBN-10: 0465013643
• ISBN-13: 978-0465013647
• Product Dimensions: 8.6 x 5.7 x 1.1 inches
• Shipping Weight: 1.1 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #3,391,456 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

7 of 7 people found the following review helpful:

5.0 out of 5 stars Excellent analysis of the federal confirmation process, September 6, 2000

By 

Tung Yin (Portland, OR) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: The Confirmation Mess: Cleaning Up The Federal Appointments Process (Paperback)

It's been about nine years since Clarence Thomas was narrowly confirmed to sit on the Supreme Court, which makes it enough time to be able to reflect upon the passionate debate over whether he deserved the nomination/confirmation.

Not that Justice Thomas is the sole focus of this insightful book by Stephen Carter (a professor of law at Yale). Rather, Carter is interested in analyzing what has gone wrong with the nomination/confirmation process. His primary case studies include the rejection of Robert Bork for the Supreme Court and Lani Guinier for Deputy Attorney General (head of the Civil Rights Division), as well as the successful confirmations of Justice Thomas and Justice Thurgood Marshall (who Carter believes should have been confirmed easily, rather than subjected to ridiculous attacks by Southern senators).

In Carter's view, the central problem with the process is that candidates are presumed to be qualified, with the search on to root out disqualifying pasts. Thus, Zoe Baird, nominated for the Attorney General, was withdrawn when it turned out that she had a "nanny problem." Should she have been disqualified for that? According to Carter, maybe, maybe not. But the sequence and emphasis of questions is all wrong.

The process, he argues, should work something like this: (1) do not presume that the candidate is qualified; (2) if a potential disqualifying factor arises, determine how serious it is -- unqualified is uncurable, minor ethical lapse may be easily curable, and other matters in between.

Moreover, Carter's analysis is non-partisan. He aptly demonstrates that Guinier's candidacy went down in flames because her academic writing was grossly distorted (if even read) -- as was Bork's.

Finally, Carter is a clear and direct writer, and lay persons as well as those involved in law will find this a fascinating analysis of the nomination/confirmation process.