In the nineteenth and early twentieth centuries, the Supreme Court
nomination was usually quick and painless. A president nominated a
prospective Justice who was typically confirmed within ten days,
and with little publicity. It was essentially a process made by
elites, with almost no public involvement and relatively little
debate. Today, however, the confirmation takes 81 days on
average-the latest open seat will take much longer to fill-and it
is typically a media spectacle. How did the Supreme Court
nomination process become so public and so nakedly political? What
forces led to the evolution of the process to its current high
profile status? What does the current process look like in
comparison to nominations of earlier eras in American political
history? How do justices, senators, presidents, journalists,
interest group leaders, and even the public interact in the
contemporary Supreme Court nomination process? Finally, what does
the future portend and what reforms could be implemented to improve
the process? In Supreme Court Nominations in an Age of Democracy,
Richard Davis, an eminent scholar of American politics and the
courts, traces the history of nominations from the early republic
to the present, focusing in particular on how changes in the
process have affected the two central institutions involved: the
presidency and the Senate. He breaks the process down into its
components and examines them one by one: the presidential
nomination stage, the confirmation management process, the role of
the Senate Judiciary Committee, and the increasing involvement over
time of interest groups, television networks, Internet
commentators, and-more broadly-public opinion. From there, Davis
analyzes how the transformation of the process in recent years has
affected both the Senate and the presidency. As a consequence of
these changes, the Senate has seen its internal procedures and
rules change. It has also affected relations between the two
parties within the institution, and reshaped how Senators' interact
with constituents. The presidency has transformed, as well. The
infrastructure for advancing confirmations has grown enormously,
and the president puts far more effort into winning over public
opinion than in the past. Needless to say, the relationship between
the Senate and presidency has changed too, and in a more
acrimonious direction. Partly because of Davis' focus on how
institutions evolve over time, this will stand as an authoritative
analysis of the Supreme Court nomination process from the founding
era to the present.
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