Judicial Appointments: A Constitutional Analysis
May 1, 2003Michael B. Rappaport
In “The Role of the Senate in Judicial Confirmations,” Professor Stephen Presser eloquently argues that Senate Democrats have behaved improperly concerning the nominations of Miguel Estrada and Priscilla Owen. Professor Presser rightly condemns the Senate Democrats for opposing Estrada and Owen because they would seek to apply the actual Constitution rather than the political preferences of Senate Democrats. Presser also justly criticizes the Senate Democrats for taking the nation another step down the road to politicization of judicial appointments by filibustering lower court nominees based on political disagreements.