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. His story
begins in the second half of the nineteenth century, when social
and technological changes led to the rise of organized interest
groups. Despite occasional victories, Maltese explains, structural
factors limited the influence of such groups well into this
century. Until 1913, senators were not popularly elected but chosen
by state legislatures, undermining the potent threat of electoral
retaliation that interest groups now enjoy. And until Senate rules
changed in 1929, consideration of Supreme Court nominees took place
in almost absolute secrecy. Floor debates and the final Senate vote
usually took place in executive session. Even if interest groups
could retaliate against senators, they often did not know whom to
retaliate against.
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