
Contents
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The Nomination/Confirmation Process The Nomination/Confirmation Process
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The Nomination Process The Nomination Process
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The Confirmation Process The Confirmation Process
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Lifetime Appointments Lifetime Appointments
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Incompetent and Highly Disagreeable Justices Incompetent and Highly Disagreeable Justices
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Leaving the Bench Leaving the Bench
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The Size of the Court—Is It the Right Number? The Size of the Court—Is It the Right Number?
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Reevaluating the Certiorari Process Reevaluating the Certiorari Process
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The Process of Pruning The Process of Pruning
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The Chief Justice’s Role The Chief Justice’s Role
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The “Rule of Four” The “Rule of Four”
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Criticisms of the Process Criticisms of the Process
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Determining Worthiness Determining Worthiness
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Evaluating the Procedure for Deciding Cases Evaluating the Procedure for Deciding Cases
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The Materials Available for Review The Materials Available for Review
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The Usefulness of the Oral Arguments The Usefulness of the Oral Arguments
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The Case Conference The Case Conference
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The Conference Vote The Conference Vote
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Assignment of Draft Writer Assignment of Draft Writer
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Where the Court Fails Where the Court Fails
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Conclusions Conclusions
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11 Evaluating the Process
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Published:April 2006
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Abstract
This final chapter addresses the question: Does the Supreme Court “work?” This term “work” covers a variety of aspects: the selection process by which justices are nominated and confirmed, the process by which judges leave the bench, the procedures for selecting the cases for review, the decision process in ruling on those appeals that are selected, and finally, the efficacy of the Supreme Court once a decision is announced. Answers to questions about the effectiveness of each of these are admittedly subjective, but no book that seeks to understand the Supreme Court is complete without considering each of these aspects. The chapter also suggests reforms for those procedures thought by some scholars to be in need of revision.
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