The Judicial Confirmation Process: Perspectives from the Three Branches

October 1, 2002

Laurence H. Silberman

HON. SILBERMAN: Now remember, I’m speaking as a federal judge. I have, therefore, no view as to what it is legitimate for Senators to ask and no view as to the fight as between the two parties concerning suitable nominees. I do observe, however, in a neutral fashion, it seems to me, that under the existing regime, as I understand it, in the Senate Judiciary Committee in my time, it has always been true that nominees who were perceived on the extreme wing, either conservative activists on the conservative side or on the liberal side, were always in some trouble.

The Judicial Confirmation Process: Perspectives from the Three Branches