Supreme democracy : the end of elitism in Supreme Court nominations /

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Bibliographic Details
Author / Creator:Davis, Richard, 1955- author.
Imprint:New York, NY : Oxford University Press, ©2017.
Description:xi, 275 pages ; 25 cm
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11040237
Hidden Bibliographic Details
ISBN:9780190656966
0190656964
Notes:Includes bibliographical references (pages 229-270) and index.
Summary:" In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come. "--
"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"--
Review by Choice Review

Davis (Brigham Young) looks at recent developments in the process of nominating and confirming Supreme Court justices, and finds a new "culture of public scrutiny." He tells us that nominations to the court are no longer elite affairs, and he demonstrates the increase in public interest in nominations in the last half-century. Calling the process democratic is somewhat strange given that appointees are almost exclusively Harvard and Yale law graduates. Davis describes greater interest in the process and the contentious hearings that have become the norm. Today, the public gets a say in which Ivy League nominees get on the Court when there are hearings. Many contemporary scholars in the political science field known as "judicial process" accept this new process as democratic. Earlier scholars paid more attention to the demographic characteristics of the nominees, which have become more representative of the general population in some important respects. Summing Up: Recommended. Upper-division undergraduates through faculty. --John Brigham, University of Massachusetts Amherst

Copyright American Library Association, used with permission.
Review by Publisher's Weekly Review

Recent events have overtaken political science professor Davis's follow-up to his 2005 Electing Justice: Fixing the Supreme Court Nomination Process, which also discussed concerns that the confirmation process for Supreme Court nominees has become too politicized. While Davis's prescriptions here are not as revolutionary as those in his prior book-where he suggested that Supreme Court justices should be elected directly by the voters-the current Senate's deep partisan divisions make his less-radical proposed reforms, such as fixed 18-year terms for justices, nonetheless unlikely. The impracticality of his suggestions makes this a volume of limited utility; while academics may be interested in Davis's fine-grained analyses-such as of the percentage of nominees confirmed at various stages in American history-readers who have followed the Gorsuch confirmation battle will find no larger revelations. By the end of the book, we are still left with a situation in which, as Davis observes, much of the public views the confirmation process as "tainted," which ultimately impacts public respect for "the Court itself." (June) © Copyright PWxyz, LLC. All rights reserved.

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Review by Library Journal Review

Davis (political science, Brigham Young Univ.; Electing Justice) offers a significant contribution to the burgeoning scholarship on the history and evolution of the U.S. Supreme Court appointment process. Beginning with the traditional appointment process, Davis unpacks its inherent elitism. Then he assesses the ways in which the Constitution evolved to generate changes, including the shifting roles of the president and Senate in response to sociopolitical changes. He also explores the heightened roles of special interest groups and the increasing prominence of the media. Next, Davis describes the "effects of democratization" in the process of presidential judicial selection and Senate confirmation. Not surprisingly, he notes the increasingly partisan nature of judicial selection and confirmation. Finally, he offers much-needed suggestions for reform, taking into account the recent political ploys blocking Merrick Garland's ascent to the high court. Davis's suggestions include, inter alia, the potential introduction of term limits for Supreme Court Justices, mandatory retirement age, and/or appointments of judges by other judges, possibly through ABA input. VERDICT Highly recommended for readers of other timely texts such as Laura Kalman's Long Reach of the Sixties.-Lynne Maxwell, West Virginia Univ. Coll. of Law Lib., Morgantown © Copyright 2017. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Choice Review


Review by Publisher's Weekly Review


Review by Library Journal Review