Electing Justice: Fixing the Supreme Court Nomination Process

by Richard Davis

Overview

Davis discusses the increasing role of interest groups, the press, and the public, whose role is not prescribed in the Constitution, in the selection and confirmation of Supreme Court justices and how it affects the process. First he examines in detail the history and nature of the process, then he looks at the role and impact of other players. His conclusions about how non-political actors affect the outcome of Supreme Court justice selection leads him at the end of his book to suggest controversial reforms and their prospects for success.

Product Details

ISBN-13:	9780195181098
Publisher:	Oxford University Press
Publication date:	03/10/2005
Pages:	224
Product dimensions:	9.30(w) x 6.40(h) x 1.00(d)

About the Author

Richard Davis is Professor of Political Science at Brigham Young University. He is the author of The Web of Politics: The Internet's Impact on the American Political System, The Press and American Politics, 3rd edition, and Politics and the Media. He is co-author, with Diana Owen, of New Media and American Politics. He is also co-author, with Bruce Bimber, of Campaigning Online: The Internet in U.S. Elections, a book on the Internet's role in the 2000 elections.

Table of Contents

Introduction: A Broken Process1. Traditional versus New Players2. The Politics of Judicial Selection3. How the Process Broke: The Transformation of the Supreme Court Appointment Process4. New Roles for External Players5. Today's Nomination Process: The Battle over Image6. Reforming the ProcessAppendix A: A Note on MethodologyNotesIndex

Editorial Reviews

"Analytic, well-researched and interesting historical review of the increasing recent role of the news media, public opinion and interest groups in the choice of U.S. Supreme Court Justices."—New York Law Journal

"Electing Justice offers a useful and accessible tour of the current confirmation process, ultimately leading to a series of recommendations to fix perceived problems.... Davis also includes the suggestion that Supreme Court justices be elected, which is sure to be controversial. This volume would be an ideal choice for an advanced undergraduate course on judicial politics and perhaps as a supplementary text for a seminar on presidential and/or legislative politics. Davis' book is a 'good read' and is thought-provoking, to say the least, and it merits the attention of anyone interested in the politics of staffing the bench."—Law and Politics Book Review

"In an accessible book that should prove interesting to readers whether or not they are scholars, Davis traces major changes that have been made to the process of choosing justices."—Deseret Morning News

"Richard Davis offers an insightful, provocative, and arresting view of the modern Supreme Court appointment process. It is, he demonstrates, more like an electoral campaign than the elite dominated and closed process developed by the Framers. The result is a landmark book about the modern process of finding high court judges."—Kermit Hall, President, University at Albany, SUNY

"When the next Supreme Court vacancy occurs, Richard Davis' insightful book will remind us how contentious judicial nominations have become, and will serve as a roadmap for the confirmation battle ahead. His suggestions for reforming the process are controversial, but should provoke a national debate on how to enhance our democracy and avoid more Robert Bork- or Clarence Thomas-style donnybrooks."—Tony Mauro, Supreme Court correspondent, American Lawyer Media

"Electing Justice is an impressive achievement. Not only does Davis tackle a subject of extreme interest and concern to scholars and policy makers alike; he also takes the important step of developing the implications of his study—in the form of intriguing recommendations about how to reform the nomination process. The result is a book that is likely to generate debates in and outside the classroom."—Lee Epstein, Mallinckrodt Distinguished University Professor, Washington University in St. Louis

"Unlike most social scientists waxing poetic about the 'broken Supreme Court appointment process,' Davis dares to offers several innovative solutions. Interested court observers will no doubt contest some of the more controversial proposals contained within. But even casual readers will learn much from Davis' highly accessible review of this important political process."—David Yalof, University of Connecticut, author of Pursuit of Justices

From the Publisher