How Senate Confirmation Hearings Should Better Educate Senators and the American Public: The Instructional Necessity of Case-Specific Questioning

16 Pages Posted: 20 Oct 2011  

Vikram D. Amar

University of Illinois College of Law

Date Written: July 2010

Abstract

This Article undertakes a systematic rebuttal to the arguments made by Supreme Court nominees and others that Court nominees are constrained, in their Senate hearings on possible confirmation, from expressing their specific views on legal issues and cases of the day. It argues that nominee articulation of such case-specific views is not only permissible, it is necessary for the Senate, and for the country, to learn anything meaningful about the Court, the nominees, the Constitution, and the relationship between them.

Suggested Citation

Amar, Vikram D., How Senate Confirmation Hearings Should Better Educate Senators and the American Public: The Instructional Necessity of Case-Specific Questioning (July 2010). Hastings Law Journal, Vol. 61, No. 6, July 2010. Available at SSRN: https://ssrn.com/abstract=1946631

Vikram D. Amar (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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