Electing Justice: Fixing the Supreme Court Nomination Process [Hardcover]

Richard Davis (Author)

Book Description

ISBN-10: 0195181093 | ISBN-13: 978-0195181098 | Publication Date: March 10, 2005

Davis discusses the increasing role of interest groups, the press, and the public, whose role is not prescribed in the Constitution, in the selection and confirmation of Supreme Court justices and how it affects the process. First he examines in detail the history and nature of the process, then he looks at the role and impact of other players. His conclusions about how non-political actors affect the outcome of Supreme Court justice selection leads him at the end of his book to suggest controversial reforms and their prospects for success.

Editorial Reviews

Review

"Analytic, well-researched and interesting historical review of the increasing recent role of the news media, public opinion and interest groups in the choice of U.S. Supreme Court Justices."--New York Law Journal

"Electing Justice offers a useful and accessible tour of the current confirmation process, ultimately leading to a series of recommendations to fix perceived problems.... Davis also includes the suggestion that Supreme Court justices be elected, which is sure to be controversial. This volume would be an ideal choice for an advanced undergraduate course on judicial politics and perhaps as a supplementary text for a seminar on presidential and/or legislative politics. Davis' book is a 'good read' and is thought-provoking, to say the least, and it merits the attention of anyone interested in the politics of staffing the bench."--Law and Politics Book Review

"In an accessible book that should prove interesting to readers whether or not they are scholars, Davis traces major changes that have been made to the process of choosing justices."--Deseret Morning News

"Richard Davis offers an insightful, provocative, and arresting view of the modern Supreme Court appointment process. It is, he demonstrates, more like an electoral campaign than the elite dominated and closed process developed by the Framers. The result is a landmark book about the modern process of finding high court judges."--Kermit Hall, President, University at Albany, SUNY

"When the next Supreme Court vacancy occurs, Richard Davis' insightful book will remind us how contentious judicial nominations have become, and will serve as a roadmap for the confirmation battle ahead. His suggestions for reforming the process are controversial, but should provoke a national debate on how to enhance our democracy and avoid more Robert Bork- or Clarence Thomas-style donnybrooks."--Tony Mauro, Supreme Court correspondent, American Lawyer Media

"Electing Justice is an impressive achievement. Not only does Davis tackle a subject of extreme interest and concern to scholars and policy makers alike; he also takes the important step of developing the implications of his study--in the form of intriguing recommendations about how to reform the nomination process. The result is a book that is likely to generate debates in and outside the classroom."--Lee Epstein, Mallinckrodt Distinguished University Professor, Washington University in St. Louis

"Unlike most social scientists waxing poetic about the 'broken Supreme Court appointment process,' Davis dares to offers several innovative solutions. Interested court observers will no doubt contest some of the more controversial proposals contained within. But even casual readers will learn much from Davis' highly accessible review of this important political process."--David Yalof, University of Connecticut, author of Pursuit of Justices

About the Author

Richard Davis is Professor of Political Science at Brigham Young University. He is the author of The Web of Politics: The Internet's Impact on the American Political System, The Press and American Politics, 3rd edition, and Politics and the Media. He is co-author, with Diana Owen, of New Media and American Politics. He is also co-author, with Bruce Bimber, of Campaigning Online: The Internet in U.S. Elections, a book on the Internet's role in the 2000 elections.

Product Details

• Hardcover: 224 pages
• Publisher: Oxford University Press, USA (March 10, 2005)
• Language: English
• ISBN-10: 0195181093
• ISBN-13: 978-0195181098
• Product Dimensions: 9.3 x 6.3 x 1 inches
• Shipping Weight: 15.2 ounces (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #2,886,747 in Books (See Top 100 in Books)

More About the Author

Richard Davis is a political science professor who studies political communication. He is the author of several books, book chapters, and journal articles on various topics including the Internet and politics, the political impact of talk radio, online political discussion, the U.S. Supreme Court nomination process, and the relationship between the U.S. Supreme Court and the press. In addition, he has been a political activist and a consultant to candidates for office. He is a past chair of the Political Communication Section of the American Political Science Association.

Customer Reviews

Most Helpful Customer Reviews

12 of 12 people found the following review helpful:

5.0 out of 5 stars A Timely Contribution Regarding Supreme Court Nominations, May 18, 2005

By 

Ronald H. Clark (WASHINGTON, DC USA) - See all my reviews
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This review is from: Electing Justice: Fixing the Supreme Court Nomination Process (Hardcover)

It is hard to think of a more opportune time to read this new book on the strengths and weaknesses of the current Supreme Court nomination process. With the upcoming expected retirement of the Chief Justice, and the current foolishness occuring in the Senate over judicial filibusters, the solid and unemotional analysis offered by Professor Richard Davis is welcome to say the least. The author is very good in explaining how we have gotten into the current nomination mess: the role of the press in shaping nominee images; the incredible importance of interest groups and their energy in driving the process; the public expectation that nomination consideration will occur as much as possible in the open and not behind closed doors as in the past; and the role of nominations in reaffirming pertinent constitutencies for the groups, parties, and the pertinent president. In short, the process is no longer one conducted by the Senate in accordance with its own practices--instead each nomination (and the author does discuss particular examples such as Clarence Thomas, Ruth Bader Ginsburg, David Souter, and of course Robert Bork) has become a major public event and battleground as the various players maneuver for advantage. What we have lost as a result of this "take no prisoners" approach to nominations is all too evident. While the author does not unleash any startling new insights, the book stands as perhaps the best introduction for anyone interested in gaining an understanding of how the process currently functions. The final chapter is devoted to "Reforming the Process," and the author examines a number of thoughtful proposals for mitigating the current mess. Alas, given the current political malaise floating over Washington, one can only reply: "dream on, Professor."

0 of 21 people found the following review helpful:

3.0 out of 5 stars Bork I mean Broke? Break it agin I'll fix it, July 7, 2005

By 

Newboy - See all my reviews

This review is from: Electing Justice: Fixing the Supreme Court Nomination Process (Hardcover)

Get ready for Chief Justice Roy Moore.