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When one party controls both the presidency and the Senate, it gets the chance to alter the legal status quo. Writing in pristine, jargon-free language, Epstein and Segal use historical illustrations and the latest quantitative methods to inject some much-needed context and evidence into the current debate about judicial appointments."―Sam Rosenfeld, The American Prospect "Epstein and Segal's useful primer on the confirmation process makes clear that the American method of choosing federal judges is not always designed to produce moderate candidates. Witty yet well-informed, Professors Epstein and Segal give an insight into the whys and wherefores of federal judge appointments."― "As political scientists Lee Epstein and Jeffrey Segal show in their new and timely book, Advice and Consent, the modern era of politicized nomination battles is nothing new: Politics has suffused the judicial appointment process for 200 years. (In that sense, President Bush might have done well to read Advice and Consent before nominating the ill-fated Miers.)"―Jeffrey Rosen, Chronicle of Higher Education "A thorough look at the process, politics and presidential aspects of court appointments. Qualifications matter―as much today as they have in the past. Sunstein, University of Chicago Law School "Thoughtful and illuminating. If you want to know about judicial appointments, this is the best place to start."―Cass R. Careful, precise, objective, and nugget-filled, it's a wonderful guide to past, present, and future debates. "This is a superb and even indispensable resource. 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.
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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. 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.
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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. 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). 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. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. 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. From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict.