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Raise or Call: Judicial Nominees as Ideological Legacy
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Abstract
As students of American politics are aware, justices come on to the Supreme Court through a two-step process. Article III of the Constitution requires the President to nominate prospective justices and then the Senate rejects or confirms said nominee. Even though both steps are essential to fill an opening on the Court and one might assume are equally worthy of attention, much of previous scholarship of the politics of judicial selection has concentrated almost exclusively on the Senate’s role in the process. In this paper we suggest it is necessary thus to evaluate the presidential success differently by looking at the ultimate result of his nomination on the Court. If the assumption that presidents want to reproduce themselves ideologically is true, and we believe it is, it is worthwhile to examine whether the president was successful not in just getting his nominee confirmed but in placing an ideological soul mate on the Court. In other words, we ask did the president get what he expected when he nominated prospective Justice X to the Supreme Court. For the most part, excepting a few surprises, we find that there is a correlation between the ideology of the president and his nominees’ decisions on the bench.
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| | Authors: Murray, Leah. and Guliuzza, Frank. |
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Abstract
As students of American politics are aware, justices come on to the Supreme Court
through a two-step process. Article III of the Constitution requires the President to
nominate prospective justices and then the Senate rejects or confirms said nominee. Even
though both steps are essential to fill an opening on the Court and one might assume are
equally worthy of attention, much of previous scholarship of the politics of judicial
selection has concentrated almost exclusively on the Senate’s role in the process. In this
paper we suggest it is necessary thus to evaluate the presidential success differently by
looking at the ultimate result of his nomination on the Court. If the assumption that
presidents want to reproduce themselves ideologically is true, and we believe it is, it is
worthwhile to examine whether the president was successful not in just getting his
nominee confirmed but in placing an ideological soul mate on the Court. In other words,
we ask did the president get what he expected when he nominated prospective Justice X
to the Supreme Court. For the most part, excepting a few surprises, we find that there is a
correlation between the ideology of the president and his nominees’ decisions on the
bench.
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