
Published online:
01 April 2010
Published in print:
06 April 2006
Online ISBN:
9780199894093
Print ISBN:
9780195306040
Contents
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The Justices—Not Representative The Justices—Not Representative
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Background of Justices Background of Justices
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Similarities Similarities
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Differences Differences
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Judicial Experience Judicial Experience
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Judges as Political Beings Judges as Political Beings
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The Nomination Process The Nomination Process
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Are There Constraints on the President? Are There Constraints on the President?
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Individual Differences Individual Differences
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Harry Truman Harry Truman
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Dwight D. Eisenhower Dwight D. Eisenhower
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Lyndon Johnson Lyndon Johnson
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How Important Is Personal Compatibility? How Important Is Personal Compatibility?
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Do Current Justices Play a Role? Do Current Justices Play a Role?
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Do Persons Seek It Out? Do Persons Seek It Out?
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Examples: Warren Burger and Ruth Bader Ginsburg Examples: Warren Burger and Ruth Bader Ginsburg
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Or Is It Thrust upon Them? Or Is It Thrust upon Them?
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The Confirmation Process The Confirmation Process
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Confirmation Required for All Federal Judges Confirmation Required for All Federal Judges
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History of the Confirmation Process for Justices History of the Confirmation Process for Justices
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How the Process Has Changed over the Years How the Process Has Changed over the Years
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The Brandeis Nomination and Confirmation The Brandeis Nomination and Confirmation
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Recent Adversarial Nature Recent Adversarial Nature
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What Is the Net Result? What Is the Net Result?
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Are the President’s Goals Confirmed? Are the President’s Goals Confirmed?
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Presidential Appointments to the Federal Courts Presidential Appointments to the Federal Courts
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The Most Extreme Example of a President Intervening: Roosevelt’s Court-Packing Plan The Most Extreme Example of a President Intervening: Roosevelt’s Court-Packing Plan
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Do Presidents Do a Good Job of Identifying Nominees? Do Presidents Do a Good Job of Identifying Nominees?
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How Should the Process Be Changed? How Should the Process Be Changed?
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Chapter
2 The Selective Nature of Supreme Court Justices
Get access
Pages
29–56
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Published:April 2006
Cite
Wrightsman, Lawrence S., 'The Selective Nature of Supreme Court Justices', The Psychology of the Supreme Court, American Psychology-Law Society Series (New York , 2006; online edn, Oxford Academic, 1 Apr. 2010), https://doi.org/10.1093/acprof:oso/9780195306040.003.0002, accessed 15 May 2025.
Abstract
Even though the nomination of justices to the Court is one of the supremely important activities of a president, sometimes the choice is made with little thought or for less than ideal reasons. And, of course, no candidate is guaranteed to pass the (recently) rigorous and often highly political assessment by the United States Senate. This chapter examines the nomination and confirmation processes, from the perspective of their effectiveness as ways of bringing the best candidates to the Court.
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