The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support for Supreme Court Nominees?

Hofstra Law Review, Vol. 39:329, 2010

40 Pages Posted: 1 May 2016

See all articles by Justin Wedeking

Justin Wedeking

University of Kentucky - Department of Political Science

Dion Farganis

University of Minnesota - Twin Cities - School of Law

Date Written: April 28, 2016

Abstract

Are members of the Senate Judiciary Committee more likely to vote in favor of Supreme Court nominees who are candid and forthcoming during their confirmation hearings? Based on a line-by-line content analysis of every hearing transcript since 1955, we find that candor actually plays less of a role today than in years past. Specifically, we conclude that since 1981, when the hearings were first televised, senators have been influenced more by partisanship and ideology than by nominee forthcomingness. Thus, contrary to the claims of many lawmakers, candor does not appear to influence the amount of support that a nominee receives at the pivotal committee stage. We close by discussing the political and normative implications of these findings.

Suggested Citation

Wedeking, Justin and Farganis, Dion, The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support for Supreme Court Nominees? (April 28, 2016). Hofstra Law Review, Vol. 39:329, 2010. Available at SSRN: https://ssrn.com/abstract=2772339

Justin Wedeking

University of Kentucky - Department of Political Science ( email )

1615 Patterson Office Tower
University of Kentucky
Lexington, KY 40506-0027
United States

Dion Farganis (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229-19th Avenue South
Minneapolis, MN 55455
United States

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