Presidential selection of supreme Court nominees: The characteristics approach

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Abstract

Despite the importance of every nomination to the Supreme Court, a unified theory that illuminates presidential selection of nominees across the modern political era remains elusive. We propose a new theory - the “characteristics approach” - that envisions nominees as bundles of characteristics, such as ideology, policy reliability, and attributes of diversity. We formalize the theory, which emphasizes the political returns to presidents from a nominee's characteristics and the “costs” of finding and confirming such individuals, and derive explicit presidential demand functions for these characteristics. Using newly collected data on both nominees and short list candidates, we estimate these demand functions. They reveal some striking and under-appreciated regularities in appointment politics. In particular, the substantial increase in presidential interest in the Supreme Court's policy output and the increased availability of potential justices with desired characteristics has led to significant changes in appointment politics and in the composition of the Court.

Original languageEnglish (US)
Pages (from-to)439-474
Number of pages36
JournalQuarterly Journal of Political Science
Volume14
Issue number4
DOIs
StatePublished - Oct 10 2019

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Political Science and International Relations

Keywords

  • Demand for characteristics
  • Executive appointments
  • Federal judiciary
  • History of Supreme Court nominations
  • Nominee diversity
  • Nominee ideology
  • Nominee qualifications
  • Presidential politics
  • Supreme Court
  • Supreme Court nominations
  • Supreme Court short-list

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