Individual Scrutiny or Politics as Usual? Senatorial Assessment of U.S. District Court Nominees
Published online on December 11, 2013
Abstract
Senate Judiciary Committee confirmation hearings offer senators a public opportunity to exercise their "advice and consent" privilege and scrutinize presidential nominees. In this article, we examine the purpose and functioning of confirmation hearings for federal district court nominees, which make up the majority of presidential selections to federal courts. Using transcripts from all hearings between 1993 and 2008, we find the characteristics of individual nominees have little effect on the types of questions senators pose. Instead, larger institutional and political factors—such as Senate composition, party of the president, and proximity to a presidential election—are much better predictors of how senators use their opportunity to scrutinize nominees. The results indicate senators use hearings to engage in partisan and ideological position taking rather than to ascertain the qualifications of district court nominees.