Picking Federal Judges
A Note on Policy and Partisan Selection Agendas
Bibliographic Data
| ID | 7972094 |
|---|---|
| Authors | Micheal W Giles (Emory University), Virginia A Hettinger (0000-0002-8193-4248, Indiana University), Todd C Peppers (Emory University), Todd Peppers (Emory University) |
| Year | 2001 |
| Volume | 54 |
| Issue | 3 |
| Pages | 623 |
| Publication date | 2001-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Political Research Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 1065-9129 • E-ISSN: 1938-274X |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/449273 |
| OpenAlex | W4237540308 |
| Language | EN |
| Citations received | 150 |
| References cited | 35 |
The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing these new measures it examines the relative effects of the operation of policy and partisan agendas in the selection process. Third, a more complex model of selection is assessed than in most previous studies-one that expressly examines the role of senators and senatorial preferences in the selection process. The results clearly suggest that the politics of selection differ dramatically depending upon whether or not senatorial courtesy is in operation. The voting behavior of Courts of Appeals judges selected without senatorial courtesy is consistent with the operation of a presidential policy agenda. Among judges selected when senatorial courtesy is in play, the linkage between presidential preferences and judicial outcomes disappears
Courtesy · Law and economics · Political economy · Political science · Politics · Presidential system · Process (computing · Selection (genetic algorithm · Sociology · Voting · Computer Science · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Public Administration
Institutional Dynamics on the U.S. Court of Appeals
The Judicial Common Space
Text classification of ideological direction in judicial opinions
The Judging Game
Presidential Selection of Supreme Court Nominees
Thumb on the Scale
Lower Federal Court Judicial Confirmation Fights
Nuclear Fallout
The Influence of Home-State Reputation and Public Opinion on Federal Circuit Court Judges
US Supreme Court Law Clerks as Information Sources
To Stay or Not to Stay
Binders Full of Judges
How Judicial Qualification Ratings May Disadvantage Minority and Female Candidates
The Chief Justice as Executive
The Costs of Going Global
The Influence of Federalist Society Affiliation on Senator Voting in Federal Judicial Nominations
Measuring Judicial Ideology Through Text
Quality in Measurement Matters
Rules, Standards, and Lower Court Decisions
Beyond Liberal and Conservative
Judicial Impact and Factual Allegations
Promotion, Social Identity, and Decision Making in the United States Courts of Appeals
She’ll Settle It
Panel Effects and Opinion Crafting in the US Courts of Appeals
Measuring How Much Judges Matter for Case Outcomes
Packing the Courts
Party Capability and the US Courts of Appeals
Legislating Incentives for Attorney Representation in Civil Rights Litigation
The Differential Effect of War on Liberal and Conservative Judges on the US Courts of Appeals
The Emerging Authority of Magistrate Judges within US District Courts
Judicial behavior in disability cases
The impact of maleness on judicial decision making
How policy influence varies with race and gender in the US courts of appeals
Of Whites and men
Representing Public Opinion
Strategic Anticipation and En Banc Oversight Procedures in the U.S. Courts of Appeals
Trading Liberties for Security
Bargaining and Legal Development in the United States Courts of Appeals
Judges and Friends
How You Rate Depends on Who Investigates
Judicial Ambition and the Crafting of Law
The Curious Case of the Migrating Seat
Judicial Specialization and Ideological Decision Making in the US Courts of Appeals
Experts Judging Experts
When “Best Practices” Win, Employees Lose
Presidential Decision Making and Minority Nominations to the U.S. Courts of Appeals
Assessing Changes in State Representation on the U.S. Courts of Appeals
Serving the Law or Playing Politics? The Strategic Use of U.S. Attorney Appointments
Presidential Success in Supreme Court Appointments
The Etiology of the Occurrence of En Banc Review in the U.S. Court of Appeals
Signaling and Counter‐Signaling in the Judicial Hierarchy
Strategic Anticipation of En Banc Review in the U.S. Courts of Appeals
How Interpersonal Contact Affects Appellate Review
Setting a Judicial Agenda
The Impact of Courts on Public Management
Friends of the Circuits
Shaping the Federal Courts
Revue des revues
Litigant status, judicial ideology, and the gatekeeping of expert evidence
The Constraining Effect of “History and Tradition”
Judicial Specialization and Deference in Asylum Cases on the U.S. Courts of Appeals
The Path of Law
Agenda Setting in the Supreme Court
Individual Scrutiny or Politics as Usual? Senatorial Assessment of U.S. District Court Nominees
The Voting Behavior of Minority Judges in the U.S. Courts of Appeals
Strategic Anticipation and the Hierarchy of Justice in U.S. District Courts
Change over Tenure
Collegial Influence and Judicial Voting Change
Rethinking Critical Mass in the Federal Appellate Courts
Checking the Federal Courts
Voting for Justices
Legal Constraint in the US Courts of Appeals
Ideological Influences on Decision Making in the Federal Judicial Hierarchy
The Information Dynamics of Vertical Stare Decisis
Hierarchical and Collegial Politics on the U.S. Courts of Appeals
Learning in the Judicial Hierarchy
Lower Court Influence on U.S. Supreme Court Opinion Content
Jurisdiction Stripping
Consider the Source (and the Message)
Elevation Potential among Circuit Court Nominees and Its Effect on the Senate’s Confirmation Behavior
Bias and the Bar
Solicitor General Influence and Agenda Setting on the U.S. Supreme Court
Tradeoffs and Spillovers in U.S. Criminal Immigration Enforcement
Expertise, Experience, and Ideology on Specialized Courts
Justice Without Borders
Measuring Ideological Polarization on the Circuit Courts of Appeals 1953-2022
The Changing Politics of Federal Judicial Nominations
Strategic Defiance and Compliance in the U.S. Courts of Appeals
The Intergroup Foundations of Policy Influence
On the Relationship between Public Opinion and Decision Making in the U.S. Courts of Appeals
Representation on the Courts? The Effects of Trial Judges’ Sex and Race
The Federalist Society's Influence on the Federal Judiciary
Institutions, Interests, and Judicial Outcomes
Revisiting Senatorial Courtesy and the Selection of Judges to the U.S. Courts of Appeals
Gender, Race, and Intersectionality on the Federal Appellate Bench
Panel Composition and Voting on the U.S. Courts of Appeals over Time
The Timing of Presidential Nominations to the Lower Federal Courts
The Politics of Requesting Appointments
Trying to Get What You Want
The Political Responsiveness of Violent Crime Prosecution
Issue Evolution
Measuring the ideological preferences of U.S. presidents
Federal Judges
Lawyers and Judges
Recovering a Basic Space From a Set of Issue Scales
Trial Courts‘ Responses to Supreme Court Policy Changes
Separating Partisanship from Party in Judicial Research
Comparing Interest Group Scores across Time and Chambers
Integrating Alternative Approaches to the Study of Judicial Voting
Judges' Policy Choices and the Value Basis of Judicial Appointments
Where You Stand Depends on Who Sits
An Institutional Analysis of Turnover in the Lower Federal Courts, 1900- 1987
The Impact of the Supreme Court on Trends in Economic Policy Making in the United States Courts of Appeals
The Supreme Court, Critical Nominations, and the Senate Confirmation Process
The Senate Judiciary Committee and Supreme Court Nominees
Senate Confirmation of Supreme Court Justices
Measuring Citizen and Government Ideology in the American States, 1960-93
Linear Models for Evaluating Conditional Relationships
Consensual and Nonconsensual Decisions in Unanimous Opinions of the United States Courts of Appeals
Time Binding and Theory Building in Personal Attribute Models of Supreme Court Voting Behavior, 1916-88
The Hierarchy of Justice
Analyzing Incomplete Political Science Data
Presidential Effects on Criminal Justice Policy in the Lower Federal Courts
Issue Conflict and Consensus among Party Leaders and Followers
Political Parties, Public Opinion, and State Policy in the United States
The Impact of Party and Region on Voting Decisions in the United States Courts of Appeals, 1955-1986
Voting Behavior on the United States Courts of Appeals, 1961-1964
The Policy Consequences of Senate Involvement in the Selection of Judges in the United States Courts of Appeals
Voting Behavior on the United States Courts of Appeals Revisited
| Unique citing works | 150 |
|---|---|
| Citations per year | 6,25 |
| Citation span | 2002 - 2026 (25) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 150 |