Abstract

http://ssrn.com/abstract=2306692
 


 



Elections Matter


Michael J. Gerhardt


University of North Carolina (UNC) at Chapel Hill - School of Law

2011

34 Harvard Journal of Law and Public Policy 827 (2011)
UNC Legal Studies Research Paper No. 2306692

Abstract:     
Centered on the ideology of the “Gang of 14,” Professors Gerhardt and Painter provide a critique on modern federal judicial appointments and offer suggestions for the nomination process. This essay discusses the bipartisan group of senators who joined together to control the future of judicial nominations agreeing not to support a filibuster on a nominee unless there were “extraordinary circumstances,” and the later impact of the disintegration of that group. Going forward, the authors propose streamlining the nomination process through eliminating the judicial filibuster in most circumstances and increasing transparency by compelling senators to disclose their reservations on nominees. Pointing toward the self-regulation of the political system, the authors assert that their proposal will be in accord with senatorial tradition and will ensure that nominees are treated fairly and are sufficiently vetted to make certain each jurist falls within the bounds of accepted jurisprudence.

Number of Pages in PDF File: 9

Accepted Paper Series





Download This Paper

Date posted: August 7, 2013  

Suggested Citation

Gerhardt, Michael J., Elections Matter (2011). 34 Harvard Journal of Law and Public Policy 827 (2011); UNC Legal Studies Research Paper No. 2306692. Available at SSRN: http://ssrn.com/abstract=2306692

Contact Information

Michael J. Gerhardt (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
Feedback to SSRN


Paper statistics
Abstract Views: 397
Downloads: 5

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.265 seconds