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The Confirmation Process and the Quality of Political Debate

By Jonathan L Entin


Because so many important public issues have become the subject of constitutional litigation, the selection of Supreme Court justices has potentially significant political consequences. For most of the twentieth century, debate over prospective appointments focused upon seemingly neutral concepts of professional competence-knowledge of the law, intelligence, experience, integrity, and aspects of character embodied in the notion of judicial temperament- rather than upon candidates\u27 substantive views. Recently, however, the debate has changed dramatically, and consideration of prospective justices\u27 personal philosophy has dominated the confirmation process. The former approach might be called the competence model, the latter the ideological model

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2015
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