Gavel Grab

New Scholarship on Federal Judicial Confirmations

Professor David R. Stras and Justice Department attorney Ryan W. Scott have published “Navigating the New Politics of Judicial Appointments” in the Northwestern University Law Review.  The piece is a Review Essay focusing on a recent book, The Next Justice by Princeton provost Christopher L. Eisgruber.  Citing ”the prominent role played by interest groups and the media in shaping the process,” Stras and Scott argue:

The political pressures on Senators make it unlikely that they can become tougher and more assertive in the process, either by adopting a more probing set of questions at confirmation hearings or by rejecting nominees in favor of judicial moderates…. a “get tough” strategy by the Senate in the judicial appointments process is likely to provoke a strong response from the President.

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