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Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush (Constitutionalism and Democracy)
 
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Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush (Constitutionalism and Democracy) [Hardcover]

Christine Nemacheck (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

Constitutionalism and Democracy March 14, 2007

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process.

Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.


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Editorial Reviews

Review

"Nemacheck... gives a rigorously tested, ambitiously comprehensive study that is a valuable contribution to president--Court studies." -- Choice

(Choice )

Digging deep into the archival records of presidents from Herbert Hoover to George W. Bush, Christine Nemacheck has produced a creative, fascinating, and insightful treatment of how presidents select their Supreme Court nominees. Nemacheck is the first to offer a systematic investigation of the political and institutional dynamics that underlie the White House's selection of nominees for the Court. Her account is historically nuanced and analytically sharp -- a must-read for anyone who cares about the past and future of the nation's highest court.

(Sarah A. Binder, The Brookings Institution )

Strategic Selection is essential reading for anyone with an interest in the selection of Supreme Court justices. Professor Nemacheck extensively mines the presidential papers of ten presidents and draws on them to provide numerous fascinating examples.... This is a book to savor -- a wonderful achievement!

(Sheldon Goldman, University of Massachusetts Amherst )

Strategic Selection is full of interesting stories about how presidents select nominees, but rather than these stories' being the goal of Nemacheck's analysis, they are used to motivate a more systematic and analytical understanding of the president's choice. In reading this book we learn not only who is on each president's short list but also how presidents develop these lists, what role Congress plays in that process, and what factors impel presidents to choose one nominee rather than others. The result is one of the best books on the selection of Supreme Court nominees that I've read.

(Charles R. Shipan, University of Michigan )

About the Author

Christine L. Nemacheck is Assistant Professor in the Department of Government at the College of William and Mary.


Product Details

  • Hardcover: 192 pages
  • Publisher: University of Virginia Press; 1St Edition edition (March 14, 2007)
  • Language: English
  • ISBN-10: 0813926149
  • ISBN-13: 978-0813926148
  • Product Dimensions: 8.8 x 6.5 x 0.8 inches
  • Shipping Weight: 13.6 ounces (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,336,357 in Books (See Top 100 in Books)

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2 of 2 people found the following review helpful:
5.0 out of 5 stars A Unique Perspective on Supreme Court Appointments, June 5, 2007
This review is from: Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush (Constitutionalism and Democracy) (Hardcover)
There are many, many books on the appointment of Supreme Court Justices, a number of which I have reviewed on Amazon. What makes this book unique in focus is that it does not examine confirmation battles in the Senate, but rather takes a step back and looks at how Presidents select the nominees that the Senate must confront. The author rejects at the outset that the primary factor working at this stage is "luck" interacting with the ideosyncratic character of Presidents. Rather, she believes that it is possible to identify key factors that play a role in the selection process, assign them a ranking of importance, and utilize this model to evaluate prospective nominees in the future. Yes, as a good political scientist (at William & Mary) the author does utilize some statistical tools and demonstrates some points through the use of charts. However, her discussion can be read with profit by the general reader (as well as professional students of the political process), and that is one of the many solid contributions of the volume.

How presidents since Hoover have been taking a strategic view of selecting nominees is one of the key points of discussion. Presidents want Justices who will implement their values and preferences; if they had their way, that would be the selection criterion right there. But of course there are other actors, such as the opposing political party, Congress, and interest groups that all have a say in the confirmation process, and therefore must be considered in the selection process to avoid rejected nominees. There is always that element of "uncertainty" that cautions presidents to think strategically. One of the most interesting topics is the author's discussion and "short lists" and their role. In an appendix the author has listed either actual or hypothesized short lists for every nomination since CJ Charles Evans Hughes.

Individual topics inlcude Congressional endorsements, the role of the White House staff versus the Department of Justice in pushing selections, and how presidents gather information about potential nominees. We come to understand why so many recent appointments have been of Court of Appeals judges. An interesting discussion focuses on how the institutionalized presidency may move the selection process partially out of the president's control. Finally, the author cogently discusses her model hypothesis factors, how she tested them, and the final results. Whether one is interested in models or not, the individual factors the author discusses greatly facilitate our understanding of the selection process. The book is supported by 9 pages of notes, an extremely helpful list of "works consulted, figures and charts. At under 200 pages, there is a tremendous amount of insight and helpful information packed into this book. The reader cannot but better understand this sometimes bizarre process after having read this fine analysis.
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