Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-22T09:39:06.505Z Has data issue: false hasContentIssue false

Writing the Book of Judges

Part 1: Obama’s Judicial Appointments Record after Six Years

Published online by Cambridge University Press:  21 October 2022

Elliot Slotnick
Affiliation:
The Ohio State University
Sheldon Goldman
Affiliation:
University of Massachusetts at Amherst
Sara Schiavoni
Affiliation:
John Carroll University

Abstract

This is part 1 of a two-part series detailing the selection and confirmation processes of lower federal court judges during President Obama’s first 6 years. Our attention in part 1 is on Obama’s lower federal court appointments during the 113th Congress, specifically on the selection processes. We then examine the backgrounds and attributes of those confirmed during the 113th, looking at the appointees to the district and appeals courts separately. Confirmation processes are the main focus of part 2 of our study, where we discuss the lead-up to the nuclear option, the “fallout” from its invocation, and the renewed emphasis on the Blue Slip system as a tool of the minority party in the Senate. We conclude by taking a deeper look at the administration’s historic contribution to enhancing diversity on the federal bench across the district and circuit courts and, as well, make a similar assessment of the impact of the Obama appointments on the partisan makeup of the federal bench on the district courts and across the appellate circuits.

Type
Research Article
Copyright
© 2015 by Law and Courts Organized Section of the American Political Science Association. All rights reserved.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Binder, Sarah A., and Forrest Maltzman. 2009. Advice and Dissent: The Struggle to Shape the Federal Judiciary. Washington, DC: Brookings Institution Press.Google Scholar
Boyd, Christina L., Lee Epstein, and Martin, Andrew D.. 2010. “Untangling the Causal Effects of Sex on Judging.American Journal of Political Science 54:389–411.CrossRefGoogle Scholar
Brudney, James J., Sara Schiavoni, and Merrit, Deborah J.. 1999. “Judicial Hostility toward Labor Unions? Applying the Social Background Model to a Celebrated Concern.Ohio State Law Journal 60:1675–1766.Google Scholar
Chew, Pat K., and Kelley, Robert E.. 2009. “Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases.Washington University Law Review 86:1117–66.Google Scholar
Epstein, Lee, Landes, William M., and Posner, Richard A.. 2013. The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Cambridge, MA: Harvard University Press.Google Scholar
Farhang, Sean, Kastellec, Jonathan P., and Wawro, Gregory J.. Forthcoming. “The Politics of Opinion Assignment and Authorship on the U.S. Court of Appeals: Evidence from Sexual Harassment Cases.” Journal of Legal Studies.Google Scholar
Farhang, Sean, and Gregory Wawro. 2004. “Institutional Dynamics on the U.S. Court of Appeals: Minority Representation under Panel Decision Making.Journal of Law, Economics, and Organization 20:299–330.CrossRefGoogle Scholar
Goldman, Sheldon. 1997. Picking Federal Judges. New Haven, CT: Yale University Press.Google Scholar
Goldman, Sheldon. 2003. “Assessing the Senate Judicial Confirmation Process: The Index of Obstruction and Delay.Judicature 86:251–57.Google Scholar
Goldman, Sheldon, Sara Schiavoni, and Elliot Slotnick. 2009. “W. Bush’s Judicial Legacy: Mission Accomplished.Judicature 92:258–88.Google Scholar
Goldman, Sheldon, Elliot Slotnick, and Sara Schiavoni. 2011. “Obama’s Judiciary at Midterm: The Confirmation Drama Continues.Judicature 94:262–303.Google Scholar
Goldman, Sheldon. 2013. “Obama’s First Term Judiciary: Picking Judges in the Minefield of Obstructionism.Judicature 97:7–47.Google Scholar
Haire, Susan B., and Moyer, Laura P.. 2015. Diversity Matters: Judicial Policy Making in the U.S. Courts of Appeals. Charlottesville: University of Virginia Press.Google Scholar
New York Times. 2012. “Romney’s Speech from Mother Jones Video.” September 19.Google Scholar
Peresie, Jennifer L. 2005. “Female Judges Matter: Gender and Collegial Decisionmaking in the Federal Appellate Courts.Yale Law Journal 114:1759–90.Google Scholar
Rehnquist, William. 2001. 2000 Year-End Report on the Federal Judiciary. Chief Justice’s Year-End Reports on the Federal Judiciary. Washington, DC: Supreme Court of the United States.Google Scholar
Roberts, John. 2008. 2007 Year-End Report on the Federal Judiciary. Chief Justice’s Year-End Reports on the Federal Judiciary. Washington, DC: Supreme Court of the United States.Google Scholar
Steigerwalt, Amy. 2010. Battle over the Bench: Senators, Interest Groups, and Lower Court Confirmations. Charlottesville: University of Virginia Press.Google Scholar
Sunstein, Cass R., David Schkade, Ellman, Lisa M., and Andres Sawicki. 2006. Are Judges Political? An Empirical Analysis of the Federal Judiciary. Washington, DC: Brookings Institution Press.Google Scholar
Tobias, Carl. 2012. “Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts.Washington University Law Review 90:577–86.Google Scholar
Toobin, Jeffrey. 2014. “The Obama Brief: The President Considers His Judicial Legacy.” New Yorker, October 27.Google Scholar