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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
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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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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

The figure plots the percentage of home-state senator remarks in district and circuit court hearings that included instances of senators engaging in credit claiming, strong calls to action, any calls to action, or discussion of bipartisanship. In district court hearings, 34 percent of senators’ remarks included credit claiming, 34 percent included a strong call to action, 70 percent included any call to action, and 19 percent discussed bipartisanship. At circuit court hearings, 12 percent of senators’ introductory remarks included credit claiming, 19 percent included a strong call to action, 50 percent included any call to action, and 4 percent contained discussion of bipartisanship. The difference between remarks at district and circuit court hearings was only statistically significant for the credit claiming category (p less than 0.05).

Content Coding of Home-State Senator Remarks (2006-07) by Level of Court

From Chapter 6

Fig. 6.2. Content Coding of Home-State Senator Remarks (2006–07); by Level of Court

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

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