Advice and Consent: The Politics of Judicial Appointments

Overview


From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate.
In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important ...
See more details below
Paperback
$10.67
BN.com price
(Save 23%)$13.95 List Price
Other sellers (Paperback)
  • All (46) from $1.99   
  • New (7) from $9.39   
  • Used (39) from $1.99   
Sending request ...

Overview


From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate.
In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement.
With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Read More Show Less

Editorial Reviews

From the Publisher

"Epstein and Segal's useful primer on the confirmation process makes clear that the American method of choosing federal judges is not always designed to produce moderate candidates. When one party controls both the presidency and the Senate, it gets the chance to alter the legal status quo. Epstein and Segal chart the ideology of presidents against the ideology and voting records of their Supreme Court nominees and show that most justices match up fairly well with their presidents over time."--Emily Bazelon, Washington Post Book World

"Thoughtful and illuminating.... Qualifications matter--as much today as they have in the past. (In that sense, President Bush might have done well to read Advice and Consent before nominating the ill-fated Miers.)"--Jeffrey Rosen, Chronicle of Higher Education

"A thorough look at the process, politics and presidential aspects of court appointments. Witty yet well-informed, Professors Epstein and Segal give an insight into the whys and wherefores of federal judge appointments."--www.mayitpleasethecourt.com

"This is a superb and even indispensable resource. Careful, precise, objective, and nugget-filled, it's a wonderful guide to past, present, and future debates. If you want to know about judicial appointments, this is the best place to start."--Cass R. Sunstein, University of Chicago Law School

"As political scientists Lee Epstein and Jeffrey Segal show in their new and timely book, Advice and Consent, the modern era of politicized nomination battles is nothing new: Politics has suffused the judicial appointment process for 200 years. Writing in pristine, jargon-free language, Epstein and Segal use historical illustrations and the latest quantitative methods to inject some much-needed context and evidence into the current debate about judicial appointments."--Sam Rosenfeld, The American Prospect

"There is little doubt that Epstein and Segal are two of the most prominent public law scholars.... They draw together a wealth of research and empirical findings from a plethora of studies, many of which they authored, and fold them into a compelling narrative that examines all levels of the judiciary.... This book combines the best features of past studies on judicial appointments. There are anecdotes to enrich the narrative combined with all manner of empirical results and tables. The book will be a valuable resource for scholars and instructors. It is also very accessible for students and citizens interested in the judicial branch. In addition, this well-written book has the added virtue of being very timely."--Richard L. Pacelle, Jr., Law and Politics Book Review

"An important and timely study that adds an essential framework for understanding contemporary slugfests over judicial appointments. Beautifully presented and argued." --Louis Fisher, author of American Constitutional Law

"Thoughtful.... Provides illuminating details on the history and merits of the confirmation process."--New York Post

Read More Show Less

Product Details

  • ISBN-13: 9780195315837
  • Publisher: Oxford University Press, USA
  • Publication date: 3/5/2007
  • Pages: 192
  • Sales rank: 481,703
  • Product dimensions: 8.80 (w) x 5.60 (h) x 0.80 (d)

Meet the Author

Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University and a Fellow of the American Academy of Political and Social Science. She has authored, co-authored, or edited over seventy articles and essays and thirteen books.
Jeffrey A. Segal is SUNY Distinguished Professor and Chair of Political Science at Stony Brook University.

Read More Show Less

Table of Contents

Acknowledgements
Introduction
1. A Backdrop to Judicial Appointments
2. Vacancies
3. Nominating Federal Judges and Justices
4. Confirming Federal Judges and Justices
5. Politics, Presidents, and Judging
6. The Politics of Appointments Meets the Politics of Judging
Notes
Index

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)