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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.
Drawing upon revealing and generally unpublished presidential papers associated with Lyndon Johnson's ill-fated nomination of Abe Fortas, and Richard Nixon's failed designations of Clement F. Haynsworth and G. Harrold Carswell, and culminating in a lively investigation of the Bork and Ginsburg cases, the author convincingly demonstrates that the Senate's negative actions can be traced to the exciting interplay of three factors. The author demonstrates that these decisions are based not only upon the nominee's ideology and the timing of the nomination, but also on the president's management of the confirmation process. He vividly illustrates that most failed nominations can be attributed to unwise choices, disastrous miscalculations, and outright blunders made by the presidents during the confirmation process. While other scholars have explained unsuccessful nominations by employing the factors of ideology and timing, the author breaks new and fertile ground in highlighting the role of presidential management in his explanation.
The Origins of the Southern Strategy is a detailed study of the rise of two-party competition in South Carolina during the mid-twentieth century. In 1950, when the study begins, there was for all practical purposes no functioning Republican party in that state, nor was there much of one anywhere in the deep South. During the two decades covered by this study, the interplay between two clear factions--economic and racial conservatives--shaped the growth of the party. Bruce H. Kalk amply demonstrates the implications of these developments for the rightward shift in national politics and charts their effect on the resurgence of assertive economic conservativism, as a new southern base became the core of the Republican party's presidential strategies after 1968.
Contents: (1) Recent Activity: Activity During 2010, 2009, and 2005-2006: Recent Nominations: Roberts, Miers, Alito; (2) Measuring the Pace of Supreme Court (SC) Appoint.; (3) How SC Vacancies Occur: Death of a Sitting Justice (SJ): Retirement or Resignation of a SJ; Nomination of a SJ to Another Position; Controversial, Withdrawn, and Rejected Nominations; (4) Date of Actual or Prospective Vacancy; Announcement-of-Nominee Date: Use of Medians to Summarize Intervals; The Duration of the Nomination-and-Confirmation Process: Changes Since 1981; Factors Influencing the Speed of the Process: How the Vacancy Occurs; The Senate¿s Schedule; Committee Involvement and Institutional Customs; Controversial Nominations.