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26 Cardozo L. Rev. 691 (2004-2005)
Dress Rehearsal Politics and the Case of Earmarked Judicial Nominees

handle is hein.journals/cdozo26 and id is 707 raw text is: DRESS REHEARSAL POLITICS AND THE CASE OF EARMARKED JUDICIAL NOMINEES David A. Yalof 1 am concerned.., that what we have here with Judge Pickering is a warm-up for a later confirmation battle on the Supreme Court -Senator Arlen Specter, March 7, 2002.1 INTRODUCTION The fires of lower court politics that raged through much of George W. Bush's first term as President have provided considerable grist for the commentators' mill-within these battles lie much for law professors, social scientists, and journalists alike to consider as they address the various themes that have characterized the modem state of federal judicial appointments. Senator Charles Schumer's (D-N.Y.) Senate Subcommittee on Administrative Oversight and the Courts held hearings during the summer of 2001 to consider the role that ideology should play in the selection of federal judges.2 In November of 2003, the Senate Republicans' much ballyhooed marathon legislative session to discuss the stagnant confirmation process produced thirty-nine hours of rhetoric and competing statistical presentations-but little headway in actually moving the nominations themselves forward. The Senate Democrats' use of cloture rules to prevent votes on controversial nominees during this past Congress has brought Senate parliamentarians out of the woodwork-is there some historical precedent for the minority party's refusal to allow judicial nominees to receive an up-or- down vote on the floor of the Senate? More recently, a seemingly obscure provision of Article 113 has provided the vehicle for President * J.D. University of Virginia 1991; Ph.D. Johns Hopkins University 1997. Associate Professor of Political Science, The University of Connecticut. I Judicial Nominations: Hearings Before Sen. Comm. on Judiciary, 107th Cong. (2002) (statement of Sen. Arlen Specter). 2 Hearings Before the Subcomm. on Admin. Oversight and the Courts, Sen. Comm. on Judiciary, 107th Cong. (2001). 3 U.S. CONST. art II, § 2, cl. 3, states: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

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