The Judicial Appointments Process and Procedural Reform: Solutions in the Scorched-Earth Senate

Abstract

In the United States, obstruction in the judicial confirmations in times of divided government has threatened public confidence in the Judiciary and resulted in qualified nominees languishing away in the Senate with a final vote. In this thesis, I examine the Senate’s Judicial confirmation process, both in historical changes and in its modern form. I then recommend formal changing the Standing Rules of the Senate in order to create an enforceable Judicial Confirmations Timeline alongside a set of Judicial Nomination Commissions. This maintains the original power structure and modern advents, while streamlining the process in a way that doesn’t compromise the rigorous review of nominees. I then examine the various routes for enactment and evaluate the potential for and effects of each one.