NCJ Number
124904
Journal
Vanderbilt Law Review Volume: 43 Issue: 1 Dated: (January 1990) Pages: 1-84
Date Published
1990
Length
84 pages
Annotation
This article analyzes the role of the public in the Federal judicial selection process.
Abstract
The historical background of public opinion as it affected judicial selection is reviewed, and participation in the nomination and confirmation processes are discussed. Specific examples of public participation in judge selection are described to illustrate the magnitude of public participation in the past. The nomination and confirmation or denial of confirmation processes of Justices Hughes, Parker, Black, Frankfurter, Clark, Haynesworth, Carswell, and Rehnquist are included. Recent nominations, including that of Robert Bork, are examined separately to illustrate the different patterns of recent public involvement. The Bork nomination is examined at length due to the highly political nature of the public involvement. The high involvement of mobilized public interest groups distinguished the Bork nomination from previous selection processes. Much debate was created over the proper role of the public in the selection process. Various definitions of the proper public role are discussed. Organizations such as the American Bar Association (ABA) Standing Committee are reviewed to demonstrate the procedures and processes that an advisory committee follows before a recommendation is made to the Senate regarding judicial selection. Congressional reviews and court cases challenging the committee's methods are included. New guidelines for the ABA committee are proposed such that the public has greater access to and input in decisions made by the ABA. 373 notes.