David Strauss

Recent Articles

Whose Confirmation Mess?

Who really politicized the Supreme Court? All it took to end the bloody confirmation battles were a few middle-of-the-road nominees.

WORK DISCUSSED IN THIS ESSAY:

Stephen Carter,
The Confirmation Mess: Cleaning Up the Federal Appointments Process (Basic, 1994).

Before Ronald Reagan nominated Robert Bork to the Supreme Court, Reagan reportedly showed an influential Democratic Senator a list of five possible nominees. The senator, pointing to Bork's name, said, "All of them are acceptable except this one." Reagan nominated Bork anyway, and of course the Senate ultimately rejected him.