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The Selling of Supreme Court Nominees (Interpreting American Politics)
 
 
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The Selling of Supreme Court Nominees (Interpreting American Politics) [Paperback]

John Anthony Maltese (Author)

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Book Description

April 7, 1998 0801858836 978-0801858833

Politics has always been at the heart of the Supreme Court selection process. According to John Anthony Maltese, the first "Borking" of a nominee came in 1795 with the defeat of John Rutledge's nomination as chief justice. What is different about today's appointment process, he argues, is not its politicization but the range of players involved and the political techniques that they use. In The Selling of Supreme Court Nominees, Maltese traces the evolution of the contentious and controversial confirmation process awaiting today's nominees to the nation's highest court. In this paperback edition, he includes a discussion of the recent nomination of Stephen Breyer, addressing various reform proposals made by critics of the current process and crediting President Clinton's protracted selection process with restoring some decorum to the proceedings.


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Editorial Reviews

Amazon.com Review

Think that controversial Supreme Court confirmation hearings are a recent phenomenon? You may be surprised to learn of the large numbers of rejections of nominations to the Court in the 19th century for reasons one might think trivial today. John Anthony Maltese documents the increased role of special-interest groups in the nominations process; as recently as 1970, a justice could be nominated and approved with a day of hearings without a single organization testifying--without even a specific public statement of support from the president. In contrast, the Robert Bork and Clarence Thomas hearings lasted more than 10 days, with representatives from 60 organizations filling thousands of transcript pages with their testimony. Because of the necessarily small sample sizes, Maltese occasionally has to torture his data to come to his conclusions (how much does President John Tyler's nomination troubles in the 1840s really tell us about today's system?), but he provides a brisk overview of the process, its increased politicization, and President Clinton's success in avoiding divisive confirmation battles. --Ted Frank

Review

A careful and concise history, description, and analysis of the modern Supreme Court appointment process... A model of concese and careful scholarship, and I highly recommend it.

(Michael Comiskey Journal of Politics )

Stands out in its scholarly thoroughness and innovative theory... one of the best books currently available for understanding the contemporary politics of Supreme Court nominations.

(John B. Gates The Law and Politics Book Review )

A highly informative study of presidential appointments and senatorial confirmation-or rejection-of those nominees to the Supreme Court throughout our history... This book is clearly written, fast paced, and very well documented. It is recommended to all interested to the political gateway to the federal appellate judiciary.

(Appellate Practice Journal and Update )

A model of concise and careful scholarship.

(Journal of Politics )

John Anthony Maltese sets out to explain how the confirmation process of Supreme Court nominees has arrived at its present point—and he succeeds admirably by interweaving historical and contemporary materials. He demonstrates precisely when and how interest groups became involved in the process and when and how the White House became actively involved in, as he puts it, 'selling' the nominees. I know of no other work that more thoroughly mines the presidential papers and other archival materials, and effectively integrates contemporary scholarship.

(Sheldon Goldman, University of Massachusetts, Amherst )

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Inside This Book (learn more)
First Sentence:
In the spring of 1970, President Richard Nixon and the Senate had been squabbling for nearly eight months over the Supreme court vacancy left by the resignation of Associate Justice Abe Fortas. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
electoral retaliation, federal court nominees, confirmation mess, confirmation proceedings, interest group involvement, confirmation battles, unelected presidents, institutional presidency, judicial nominees, consent clause, confirmation process, potential nominees, judicial selection, senatorial courtesy, court vacancy, judicial nominations, first nominee, terminal year, appointment process, judicial temperament, judicial philosophy, judiciary committee, constitutional language
Key Phrases - Capitalized Phrases (CAPs): (learn more)
White House, Judiciary Committee, United States, New York, North Carolina, Abe Fortas, Office of Communications, Clarence Thomas, Judge Parker, Robert Bork, President Hoover, South Carolina, President Clinton, Congressional Liaison Office, Herbert Hoover, President Nixon, George Bush, William Rehnquist, African Americans, Alexander Hamilton, Bryce Harlow, Harlan Fiske Stone, Ronald Reagan, Stanley Matthews, Charles Colson
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