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The history of how judges and others get appointed to federal positions, and the politcal jockeying that has always accompanied the process.
How does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.
The selection of federal judges constitutes one of the more significant legacies of any president; the choices of Lyndon Baines Johnson affected important social policies for decades. This book explores the process of making judicial appointments, examining how judges were selected during Johnson's administration and the president's own participation in the process. Appointment of Judges: The Johnson Presidency is the first in-depth study of the judicial selection process in the Johnson years and is one of the few books that has analyzed any individual president's process. Based on sources in the archives of the Lyndon Baines Johnson Library and correspondence from senators, party officials, Justice Department officers, the American Bar Association, Supreme Court justices, and the candidates themselves, the book is an important exploration of a significant aspect of presidential power. The author shows that Johnson recognized the great impact for social and economic policy the judiciary could have in America and sought out judges who shared his vision of the Great Society. More than any previous president since William Howard Taft, Johnson took an active personal role in setting up the criteria for choosing judges and in many cases participated in decisions on individual nominees. The president utilized the resources of the White House, the Department of Justice, other agencies, and private individuals to identify judicial candidates who met criteria of compatible policy perspective, excellent legal qualifications, political or judicial experience, youth, and ethnic diversity. The book notes how the criteria and judicial selection process evolved over time and how it operated during the transitions between Kennedy and Johnson and between Johnson and Nixon.
There are more than 600 Federal district judges serving today, and they decide some 230,000 civil cases each year. About 90% of the decisions they reach are final. Lyles argues that these lower court judges not only influence the flow of information to the judicial hierarchy, but they formulate questions that influence how higher courts, including the Supreme Court, respond. As such they are key elements in the formulation and implementation of public policy. To cite a few examples, they desegregate school districts, run mental institutions and prisons, break up monopolies, and reapportion legislatures. Lyles begins by examining the structure and function of federal courts and detailing the history, operation, and purpose of the district courts. He then turns to the selection, nomination, and appointment of district judges. Lyles then analyzes the extent to which presidents might advance policy objectives through their judicial appointments to the district courts. After examining how African-American, Latino, and white judges, male and female, view their roles as policy actors, Lyles concludes with a discussion of the implications of the study. Important for students and scholars of contemporary public policy and the court system.
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
A biography of the Senator who was assassinated in 1968, stressing the public and personal forces and events that shaped his life.
Through exploring the public depiction of Judge Robert Bork and Professor Lani Guinier, Your Past and the Press! elucidates how interest groups and the media influence the confirmation process for top-level government appointees. Illuminating the sequence of events characterized by the derailment of Bork and Guinier, author Joseph Michael Green details the activities surrounding the entire nomination process, from the announcement of a nominee to his/her ultimate defeat. Until recently, the vast majority of studies performed on the appointment process focused solely on the roles of the United States Senate and the nominee during confirmation hearings. This research fills a serious gap in political science literature by focusing on the impact of interest groups and media activity upon presidential decision-making.
In The Selling of Supreme Court Nominees, Maltese traces the evolution of the contentious and controversial confirmation process awaiting today's nominees to the nation's highest court. His story begins in the second half of the nineteenth century, when social and technological changes led to the rise of organized interest groups. Despite occasional victories, Maltese explains, structural factors limited the influence of such groups well into this century. Until 1913, senators were not popularly elected but chosen by state legislatures, undermining the potent threat of electoral retaliation that interest groups now enjoy. And until Senate rules changed in 1929, consideration of Supreme Court nominees took place in almost absolute secrecy. Floor debates and the final Senate vote usually took place in executive session. Even if interest groups could retaliate against senators, they often did not know whom to retaliate against.