Modern Supreme Court Confirmation Seminar

Since the 1960's, membership on the United States Supreme Court has assumed a greater level of scrutiny in the United States body politic. This course will focus on how the modern Senate confirmation process has changed over time and reasons for this change. Special emphasis will be given to many of the constitutional rulings and policy disputes that have contributed to a greater level of scrutiny for the Court. Also the course will look at whether the increased scrutiny itself has caused the Court to engage in controversial rulings and policy disputes it otherwise may not have Additionally the class will focus on institutional causes of the enhanced scrutiny in the political process including divergent expectations for the Court's role on the part of the Executive and the United States Senate as well as the public generally. Picking key nominations, the course will examine the selection criteria used by Presidents, the review of the nominees by the United States Senate (and in particular the Senate Judiciary committee) and the role that outside interest groups play in this process. Readings will include also the legal and policy issues that animate all of the parties to this process.