The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's 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 judge's 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.
Here, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating survey on the nomination of federal judges. The authors discuss everything from constitutional background to the crucial differences in the nomination of judges and justices and the role of the Judiciary Committee in vetting nominees. They also shed light on the different roles played by the media, the American Bar Association, and special interest groups in getting judges nominated-or rejected. The authors discuss the history of this highly contentious process, from the days of FDR to today's debated "reforms," such as the so-called "nuclear option." They present an invaluable guide through the occasionally murky history of American court appointments, one that will prepare you for the many contentious debates that are surely destined to come.
Here, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating survey on the nomination of federal judges. The authors discuss everything from constitutional background to the crucial differences in the nomination of judges and justices and the role of the Judiciary Committee in vetting nominees. They also shed light on the different roles played by the media, the American Bar Association, and special interest groups in getting judges nominated-or rejected. The authors discuss the history of this highly contentious process, from the days of FDR to today's debated "reforms," such as the so-called "nuclear option." They present an invaluable guide through the occasionally murky history of American court appointments, one that will prepare you for the many contentious debates that are surely destined to come.