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  3. It's Not Personal: Politics and Policy in Lower Court Confirmation Hearings

It's Not Personal: Politics and Policy in Lower Court Confirmation Hearings

Logan Dancey, Kjersten R. Nelson, and Eve M. Ringsmuth
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  • Overview

  • Contents

In order to be confirmed to a lifetime appointment on the federal bench, all district and circuit court nominees must appear before the Senate Judiciary Committee for a confirmation hearing. Despite their relatively low profile, these lower court judges make up 99 percent of permanent federal judgeships and decide cases that relate to a wide variety of policy areas. To uncover why senators hold confirmation hearings for lower federal court nominees and the value of these proceedings more generally, the authors analyzed transcripts for all district and circuit court confirmation hearings between 1993 and 2012, the largest systematic analysis of lower court confirmation hearings to date. The book finds that the time-consuming practice of confirmation hearings for district and circuit court nominees provides an important venue for senators to advocate on behalf of their policy preferences and bolster their chances of being re-elected. The wide variation in lower court nominees' experiences before the Judiciary Committee exists because senators pursue these goals in different ways, depending on the level of controversy surrounding a nominee. Ultimately, the findings inform a (re)assessment of the role hearings play in ensuring quality judges, providing advice and consent, and advancing the democratic values of transparency and accountability.

  • Cover
  • Title Page
  • Copyright Page
  • Dedication
  • Contents
  • Acknowledgments
  • One. Introduction
  • Two. Confirmation Hearings
  • Three. An Overview of Confirmation Hearings, 1993–2012
  • Four. Why Do Senators Hold Confirmation Hearings?
  • Five. In Pursuit of Policy Goals
  • Six. Hearings as a Venue for Pursuing Electoral Goals
  • Seven. The Content and Consequences of Hearings for Controversial Nominees
  • Eight. The Value of Lower Court Confirmation Hearings
  • Appendixes
  • Notes
  • References
  • Index
Citable Link
Published: 2020
Publisher: University of Michigan Press
ISBN(s)
  • 978-0-472-12656-9 (ebook)
  • 978-0-472-13183-9 (hardcover)
Series
  • Legislative Politics and Policy Making
Subject
  • Political Science:American Politics
  • Political Science:Governance

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  • Dancey, Logan7
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For district court nominees, the distribution is skewed right, centered over the value of 2. The minimum value is 0 and the maximum value is 6. For unopposed circuit court hearings, the distribution is skewed right, centered over the value of 2. The minimum value is 1, and the maximum value is 7. For opposed circuit nominees, the distribution is much wider and flatter. The median is 4, the minimum is 0, and the maximum is 13.

Number of Senators Questioning Nominee

From Chapter 3

Fig. 3.1. Number of Senators Questioning Nominee

For each Congress, the graph shows the median number of senators who attended unopposed circuit court nominee hearings versus district court nominee hearings. The Clinton administration encompasses the 103–106th Congresses. In the 103rd, unopposed circuit nominees faced a median of 2 senators (compared to district court nominees’ 1); in the 104th, unopposed circuit nominees and district nominees faced 2 senators; in the 105th, unopposed circuit nominees faced a median of 2.5 senators (compared to district nominees’ 2); and in the 106th, unopposed circuit nominees faced 2 senators, compared to 1 for district nominees. The Bush administration encompasses the 107th–110th Congresses. For the 107, 108, and 109th Congresses, unopposed circuit nominees faced the same median number of senators as district nominees (2, 1, and 1, respectively). In the 110th, unopposed circuit nominees faced a median of 2 senators, district nominees faced a median of 1 senator. The Obama administration includes the 111th and 112th Congresses. For both of these, unopposed circuit court nominees faced a median of 3 senators, district nominees faced a median of 2 senators.

Median Number of Senators Questioning Nominees

From Chapter 3

Fig. 3.3. Median Number of Senators Questioning Nominees

PR Nominee. Significant coefficients for noncontroversial circuit nominees is Obama nominees (coefficient: 0.54, SE: 0.19, p less than 0.01). Borderline significant coefficients are divided government (coefficient: 0.31, SE: 0,16, p less than 0.1); and second hearing (coefficient: 0.66, SE: 0.38, p less than 0.1). Statistically insignificant coefficients are ABA Rating (Lowest), ABA Rating (Middle), Judicial Experience, Opposition Senator, Presidential Election Year, Party Balance of Circuit, DC Circuit, and Clinton Nominee.

Number of Senators Attending; Poisson Regression Models

From Chapter 4

Fig. 4.1. Number of Senators Attending; Poisson Regression Models

The figure plots the coefficients for two event count models. The first predicts the total number of senators attending circuit court confirmation hearings; the second predicts the total number of questions for circuit court nominees. Significant coefficients for the senator attendance model are opposition senator (coefficient: -0.22, SE: 0.10, p less than 0.05); controversial nominee (coefficient: 0.70, SE: 0.09, p less than 0.01); Party Balance of the Circuit (coefficient: -1.02, SE: 0.51, p less than 0.10); Clinton nominee (coefficient: -0.34, SE: 0.11, p less than 0.01); and second hearing (coefficient: 0.27, SE: 0.13, p less than 0.05). Borderline statistically significant coefficient for the senator attendance model is divided government (coefficient: 0.18, SE: 0.10, p less than 0.10). Statistically insignificant coefficients for the senator attendance model are ABA Rating (Lowest); ABA Rating (Middle), Judicial Experience, Presidential Election Year, DC Circuit, and Obama Nominees. Significant coefficients for total number of questions are Opposition Senator (coefficient: -0.35, SE: 0.13, p less than 0.01); Controversial Nominees (coefficient: 1.78, SE: 0.15, p less than 0.01); Party Balance of the Circuit (coefficient: -1.52, SE: 0.71, p less than 0.05); and DC Circuit (coefficient: 0.53, SE: 0.25, p less than 0.05). Statistically insignificant coefficients are ABA Rating (Lowest), ABA Rating (Middle), Judicial Experience, Divided Government, Presidential Election Year, Clinton Nominee, and Obama Nominee.

Senator Engagement at Hearings; All Circuit Court Nominees; Event Count Models

From Chapter 4

Fig. 4.3. Senator Engagement at Hearings; All Circuit Court Nominees; Event Count Models

The figure plots the level of participation in hearings for home-state senators by party. Republican home-state senators participated in 95 percent of hearings, compared to 69 percent of Democrats (difference is statistically significant at p less than 0.05). Republican home-state senators gave introductory remarks for their nominees 87 percent of the time, compared to Democratic home-state senators’ 56 (difference is statistically significant at p less than 0.05).

Home-State Senator Participation in Hearings (2006-07) by Party

From Chapter 6

Fig. 6.1. Home-State Senator Participation in Hearings (2006–07); by Party

ranking member MAY be more likely to attend controversial nominees’ hearings, and home-state senators are more likely to attend all three types of hearings.

Probability of Senator Participating; by Senator Variables and Nominee Type

From Chapter 6

Fig. 6.3. Probability of Senator Participating; by Senator Variables and Nominee Type

Series of tables displaying coefficients and standard errors, referring to representations of previously shown figures in text.

Tables display coefficients and standard errors for the models that correspond to Figures 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, and 5.4.

From Online Appendix

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