Making the Supreme Court: The Politics of Appointments, 1930-2020

Appointments to the United States Supreme Court have become highly contentious political events, with Republicans and Democrats battling over nominees and new justices often voting in predictable ways. However, this has not always been the case, as presidents in the mid-twentieth century often selected personal cronies who were confirmed by the Senate. In Making the Supreme Court, Charles M. Cameron and Jonathan P. Kastellec examine 90 years of American political history to show how the growth of federal judicial power inspired groups to shape judicial policy. They argue that this new model of judicial selection has transformed the Court into an ideologically driven and polarized branch.

Format: Paperback / softback
Length: 490 pages
Publication date: 26 October 2023
Publisher: Oxford University Press Inc

Appointments to the United States Supreme Court have become pivotal events in American political life, sparking intense battles between Republicans and Democrats over nominees. Once a seat is filled, new justices often vote in predictable ways, but this was not always the case. In the past, presidents invested little time and effort in finding and vetting nominees, often selecting personal cronies who were swiftly confirmed by the Senate. Media coverage was sparse, public opinion was largely non-existent, and the justices often voted independently and erratically.

In their book, "Making the Supreme Court," Charles M. Cameron and Jonathan P. Kastellec delve into 90 years of American political history to explore how the growth of federal judicial power from the 1930s onward inspired various groups to shape judicial policy. These groups took different approaches, some lobbying the Court, others forming expressly to influence appointments, and still others penetrating the national party system to influence presidential candidates. As a result, after about 1980, presidential candidates increasingly pledged to select and confirm nominees who conformed to specific policy and ideological litmus tests.

Once in office, these presidents re-shaped the executive selection system to deliver on their promises. The selection process for justices also became media events, often fueled by controversy. Cameron and Kastellec argue that this new model has gradually transformed how the Court operates, turning it into an ideologically driven and polarized branch. They make a compelling case that this transformation has had far-reaching consequences, shaping not only the composition of the Court but also its decision-making processes and the broader political landscape.

The book is based on rich data and qualitative evidence, including interviews with key players, historical analysis, and a close examination of the legal and political landscape. It provides a detailed account of the struggles and strategies employed by these groups and their impact on the selection of justices. It also sheds light on the broader implications of this shift, including the potential for increased judicial activism and the erosion of democratic norms.

In conclusion, "Making the Supreme Court" is a valuable contribution to the study of American politics and judicial history. It offers a comprehensive and insightful analysis of how the growth of federal judicial power has shaped the selection of justices and the operation of the Court itself. The book provides valuable insights into the complex dynamics of judicial policy-making and the role of organized groups in influencing public policy. It is a must-read for anyone interested in understanding the role of the Supreme Court in shaping American society.

Weight: 650g
Dimension: 155 x 237 x 23 (mm)
ISBN-13: 9780197680544