Supreme Court Nominations in the SU Law Library

Are you interested in learning about the President’s judicial nominations to the US Supreme Court? Look no further than the Seattle U law library. The first book is written by Seattle University’s own Professor Andrew Siegel!

The Supreme Court Sourcebook by Richard H. Seamon, Andrew Siegel, Joseph Thai, & Kathryn A. Watts
Available at SU Law Library LAW-Reserve (Faculty Collection) (KF8742.S425 2013). Publisher’s Description:

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between.

Supreme Court Nominations: Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the use of the Filibuster by Denis Steven Rutkus
Available at SU Law Library LAW-4th Floor (KF8742.S87 2009). Publisher’s Description:

The process of appointing Justices has undergone changes over two centuries, but its most basic feature–the sharing of power between the President and Senate–has remained unchanged. To receive lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. Since the end of the Civil War, almost every Supreme Court nomination received by the Senate has first been referred to and considered by the Judiciary Committee before being acted on by the Senate as a whole. This book explores the appointment process–from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.

Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush by Christine L. Nemacheck
Available at SU Law Library LAW-4th Floor (KF8742.N46 2007). Publisher’s Description:

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover’s appointment of Charles Evan Hughes in 1930 through President George W. Bush’s nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president’s final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president’s selection process.


 

Judicial Appointments eBooks at SU

With President Obama’s recent Supreme Court nomination, judicial appointments have been in the news. If you’re interested in learning more about judicial appointments from the comfort of your home, check out these eBooks from Seattle University’s Library:

Two-Fer Electing a President and a Supreme Court by Clint Bolick (2012)

Available at: ebrary Academic Complete. Publisher’s Description:

Constitutional scholar Clint Bolick examines the importance of judicial nominations in current and future political campaigns—not just in campaigns for president but also for the senators who confirm the nominees and the governors who appoint state court judges. He offers his opinion of the framers’ original intentions—that the judiciary play a robust role in curbing abuses of government power and protecting individual rights—and provides both a historical perspective and a look at the courts’ decisions on today’s most contentious issues.

Court Nominations Issues in Nomination and Confirmation by Peter C. Kesterhoff (2009)

Available at: ebrary Academic Complete. Publisher’s Description:

This new book sheds light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the “Thurmond rule.” Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The book then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken. Findings include the following: Senators of both parties at different times have spoken of their expectations of a drop-off in processing of judicial nominations occurring earlier in presidential election years than in other years. However, there is no written Senate or Judiciary Committee rule — nor was any bipartisan agreement reached during the 1980-2004 period — concerning judicial nominations in presidential election years.

Advice and Dissent The Struggle to Shape the Federal Judiciary by Sarah A. Binder & Forrest Maltzman (2009)

Available at: ebrary Academic Complete. Publisher’s Description:

For better or worse, federal judges in the United States today are asked to resolve some of the nation’s most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.’s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy.

Advice and Consent : The Politics of Judicial Appointments by Lee Epstein & Jeffrey A. Segal (2005)

Available at: ebrary Academic Complete. Publisher’s 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 FDRs controversial court packing scheme to the Senates 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 judges 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.

Check out this handy guide for information on how to use eBooks at SU.