Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II

857 Pages·2007·25.4 MB·English

by  Henry J. Abraham

Praise for the current and
previous editions of Justices,
Presidents, and Senators.
“Professor Abraham is a writer of superior talent. His narrative is well paced,
cleanly written, and always accessible. Professor Abraham offers a lively history
of our national politics, with a focus on the presidency and the Court. The story
is colorful and fast moving in his hands. The author is never reluctant to offer his
opinion while serving up his narrative. His comments surely add to the
distinctive flavor of the story. The author is remarkably even-handed in his
analysis. There is no partisan bias in his wry comments and choice of wording.
Professor Abraham has long been the most respected scholar on this topic. This
superlative book in its several editions has helped establish and maintain his
reputation. It is highly rewarding and enjoyable reading.”
—Appellate Practice Journal

“Everyone agrees that the selection of Supreme Court justices is important, but
there is far less agreement about how the selection process is run and whether it
actually yields good justices. Henry Abraham’s magisterial Justices, Presidents,
and Senators has long supplied a stable point of reference in this stormy debate
over how the high bench is staffed and how well its members do their jobs. His
updated and revised survey of presidential motivations, senatorial maneuvering,
and judicial performance is sweeping in its scope, surefooted in its analysis, and
will shape scholarly debate and informed public discussion for years to come.”
—Keith J. Bybee, Syracuse University

“I consult Justices, Presidents, and Senators on a weekly, if not daily, basis.
Without question, it is the most balanced, the most accurate, and the most
authoritative treatment of appointments to the Court. With this new edition, the
inimitable Henry Abraham has pulled off what only he could do: improve on
perfection.”
—Lee Epstein, Northwestern University School of Law

“Written by one of America’s greatest Court watchers, this book is a convenient
reference and is chock full of useful information about the Court, the justices,
and the behind-the-scenes considerations of selecting justices.”
—M. M. Feeley, University of California, Berkeley

“Justices, Presidents, and Senators is the rare classic that has remained a classic
for almost a half century. Every student of constitutional law, politics, history,
and development has read this book and looks forward to each new edition.”
—Mark Graber, University of Maryland

“Henry Abraham illuminates the Supreme Court in a way that is accessible to
legal academics, political scientists, and more general court watchers alike. His
insights into the choices presidents made for their appointments to the bench are
first rate, as is his analysis of the impact and success of those chosen to sit on the
nation’s highest Court. For anyone seeking a comprehensive history of the
Supreme Court, as well as of its nomination and confirmation process, Justices,
Presidents, and Senators is a must-read.”
—Timothy R. Johnson, University of Minnesota

“Justices, Presidents, and Senators is the standard reference book for anyone
interested in understanding how the selection of Supreme Court justices has
evolved over the course of American history. The new edition of Professor
Abraham’s book does not disappoint. Whether one agrees or disagrees with his
analytic framework, the core information Professor Abraham provides is
essential for anyone interested in the politics of judicial selection including
scholars, policy actors, and informed citizens.”
—Herbert Kritzer, William Mitchell College of Law
“His style is easily accessible for students, the reading public, and scholars alike.
My strongest regret regarding this work is that I’m not the author, for it promises
to enhance interest and understanding in the appointment process and in the
Court itself. There is nothing else out there like it, and there doesn’t need to be.
Abraham’s design was solidly conceived from the beginning, was well executed
with his easy prose and solid scholarship, and deserves to be read by a new
generation.”
—The Law and Politics Book Review

“Based on a meticulously constructed and engagingly written historical
narrative, Professor Abraham offers keen observations on the justices of the
Supreme Court, the presidents who nominated them, and the senators who
confirmed them. Justices, Presidents, and Senators provides readers with unique
insights into the politics of judicial selection as well as the success (or failure) of
individual justices in putting their imprimatur on the Court’s jurisprudence. The
result is a book that students will love and scholars will wish they had written.”
—Wendy L. Martinek, Binghamton University

“The updated edition of Abraham’s Justices, Presidents, and Senators affirms its
status as a classic in the field of judicial politics. Providing historical context for
the timely question of new appointments to the Supreme Court, Abraham offers
a sophisticated and richly detailed analysis of the process of federal judicial
selection and the political and legal factors that influence nomination and
confirmation of judicial candidates.”
—Nancy Maveety, Tulane University

“No book has done more to illuminate the history and the politics of
appointments to the U.S. Supreme Court than Henry J. Abraham’s Justices,
Presidents, and Senators. Every page reveals Abraham’s in-depth knowledge of
how the major players and their goals have combined with the institutional
constraints of an evolving selection system to determine the composition of the
Court. It is replete with the kind of detail that one rarely finds in a single volume,
all presented in Abraham’s brilliant prose. The book is an indispensible
reference—and a pleasure to read!”
—Kevin T. McGuire, University of North Carolina at Chapel Hill

“Henry Abraham’s seminal work on U.S. Supreme Court appointments is
essential reading for anyone interested in the appointment of Supreme Court
justices over the course of U.S. history. Abraham’s identification of criteria
important in the appointment process has laid the groundwork for much of the
continuing scholarship on judicial appointments. His historically rich discussion
of the appointment of justices by presidents from Washington to Bush will
fascinate scholars and generally interested readers alike.”
—Christine L. Nemacheck, The College of William & Mary

“A definitive and fascinating study of the political history of presidents
appointing and the Senate confirming (or not) Supreme Court justices.”
—David M. O’Brien, University of Virginia

“Dr. Abraham’s up-to-date classic is the definitive book on Supreme Court
appointments. No wonder it graces the shelves of the justices’ libraries! All
Court observers will relish its eloquent, insightful, vivid descriptions of judicial
politics and history.”
—Barbara A. Perry, Sweet Briar College

“This book has long been the essential starting point for any informed citizen or
student hoping to learn about Supreme Court appointments. It is full of lively
details and thick with insights about the long history of the sometimes uneasy
relationships among presidents, justices, and senators.”
—Keith E. Whittington, Princeton University

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British Library Cataloguing in Publication Information Available
Library of Congress Cataloging-in-Publication Data

Abraham, Henry Julian, 1921—
Justices, presidents, and senators : a history of the U.S. Supreme Court
appointments from Washington to Clinton / Henry J. Abraham.—new and
revised edition.
p. cm.
Rev. ed. of: Justices and presidents. 3rd ed. 1992.
Includes bibliographical references and indexes.
9781461602484
1. United States. Supreme Court—History. 2. United States. Supreme Court—
Officials and employees—Selection and appointment. 3. Judges—Selection and
appointment—United States. 4. Executive power—United States. 5. Political
questions and judicial power—United States. I. Abraham, Henry Julian, 1921—
Justices and presidents. II. Title.
KF8742.A72 1999
347.73’2634—dc21 99-23000
CIP
Printed in the United States of America
The paper used in this publication meets the minimum requirements of
American National Standard for Information Sciences—Permanence of Paper
for Printed Library Materials, ANSI/NISO Z39.48—1992.
To
MILDRED
and
PHILIP and PETER
and
JANET and ANNE
and
BENJAMIN, LAUREN, MARNIE, and LIESEL