Book Review: "Confirmation Wars" by Benjamin Wittes

Confirm Them ^ | Andrew Hyman

[Clintonfatigued]

The book by Wittes has lots of other interesting stuff in it. He urges that the President and Chief Justice team up in order to put an end to nominees testifying before the Senate Judiciary Committee. I don't feel very strongly one way or the other on that question. The most objectionable aspect of such testimony is when Senators seek to extract concessions, promises, or predictions about how a nominee will rule in future cases. If the courts continue to throw off the shackles and logic of the Constitution, and instead act as super-legislators, then it would make some sense for the Senate to screen out nominees whose views are obnoxious to the people's elected representatives. As Wittes acknowledges, "Americans care because judges are deciding more and more issues closer and closer to their lives."

[Clintonfatigued]

This is said to be a very interesting, comprehensive book on the Federal Judicial confirmations. One may not agree with every conclusion the author comes up with, but it's informative and useful for those interested in the topic.

[T.L.Sink]

Very interesting post. I think the founders envisioned and legislated a full and open cooperation between the Executive and Legislative branches in choosing such justices.

Such things as a congressional "pre-approved" list submitted to the president would clearly give de facto all power to the Legislative branch since it would clearly limit the Executive to their choices.

I think that it's a good thing that nominees appear before the Judiciary Committee because in spite of all the grandstanding and partisan politics -- it educates and informs the public. We not only learn about the nominees but about our elected representatives who are sitting in judgment.

I think the notion that only a small coterie of elites should control the process smacks too much of star chamber statecraft.

[Clintonfatigued]

"Such things as a congressional "pre-approved" list submitted to the president would clearly give de facto all power to the Legislative branch since it would clearly limit the Executive to their choices."

Very true. The book is more useful as a reference than it is as a solution to the problem.