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View Diary: NYT Editorial: Alito Part Of Imperial Presidency (157 comments)

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  •  Been doing some research. (none)
    Looking at the Senate roll call voting on SCOTUS nominees, I have found three models: the Neoinstitutional, the Attitudinal Model and the Legal Model.

    We develop and test a neoinstitutional model of Senate roll call voting on nominees to the Supreme Court. The statistical model assumes that Senators examine the characteristics of nominees and use their roll call votes to establish an electorally attractive position on the nominees. The model is tested with probit estimates on the 2,054 confirmation votes from Earl Warren to Anthony Kennedy. The model performs remarkably well in predicting the individual votes of Senators to confirm or reject nominees. Senators routinely vote to confirm nominees who are perceived as well qualified and ideologically proximate to Senators' constituents. When nominees are less well qualified and are relatively distant, however, Senators' votes depend to a large degree on the political environment, especially the status of the president.

    Former Supreme Court nominee Robert Bork provides the best The Legal Model do with the Senate's refusal to confirm Bork to the Supreme Court in 1987. ...

    Okay, then there's the interpretivism of Bork.  Where's pyrrho?

    <div style="color: #a00000;"> Our... constitutional heritage rebels at the thought of giving government the power to control men's minds. Thurgood Marshal

    by bronte17 on Sat Jan 14, 2006 at 10:17:39 PM PST

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