Advice and Consent: The Politics of Judicial Appointments Contributor(s): Epstein, Lee (Author), Segal, Jeffrey A. (Author) |
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ISBN: 0195315839 ISBN-13: 9780195315837 Publisher: Oxford University Press, USA
Binding Type: Paperback - See All Available Formats & Editions Published: March 2007 Annotation: The nomination of federal judges has always generated intense political conflict, perhaps never more so than during the second presidential term of George W. Bush. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure. The authors discuss everything from constitutional background to the crucial differences in the nomination of judges and justices and the role of the Judiciary Committee in vetting nominees. They also shed light on the different roles played by the media, the American Bar Association, and special interest groups in getting judges nominated--or rejected. The authors demonstrate how the appointment of justices and judges has historically been a highly contentious process--one largely driven by ideological and partisan concerns. The book describes how presidents and the senate have tried to remake the bench in the past, ranging from FDR's controversial "court packing" scheme to the Senate's establishment in 1978 of 35 new appellate and 117 district court judgeships, which allowed the Democrats to shape the judiciary for years. The authors conclude with a discussion of the possible "reforms," from the so-called "nuclear option" to the even more dramatic suggestion that Congress eliminate judges' life tenure by introducing term limits or compulsory retirement. Advice and Consent is an invaluable guide through the occasionally murky history of American court appointments, and will prepare you for the many contentious debates that are surely destined to come. |
Additional Information |
BISAC Categories: - Political Science | American Government - Judicial Branch - Political Science | Law Enforcement - Law | Courts - General |
Dewey: 347.731 |
Physical Information: 0.48" H x 6.04" W x 9.09" L (0.66 lbs) 192 pages |
Features: Bibliography, Illustrated, Index, Price on Product, Table of Contents |
Descriptions, Reviews, Etc. |
Publisher Description: 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 proces |
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