Elections Matter

9 Pages Posted: 7 Aug 2013

See all articles by Michael J. Gerhardt

Michael J. Gerhardt

University of North Carolina School of Law

Date Written: 2011


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.

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: https://ssrn.com/abstract=2306692

Michael J. Gerhardt (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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