6 Political Control of America’s Courts Goldman, Sheldon, Elliot Slotnick, and Sara Schiavoni. 2013. “Obama’s First Term Judiciary: Picking Judges in the Minefield of Obstruction- ism.” Judicature, 97, no. 1: 7–47. McMillion, Barry J. 2018. Supreme Court Appointment Process: Presi- dent’s Selection of a Nominee (CRS Report No. R44235). Congressional Research Service. https://fas.org/sgp/crs/misc/R44235.pdf McMillion, Barry J., and Denis Steven Rutkus. 2018. Supreme Court Nomi- nations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President (CRS Report No. RL33225). Congressional Research Service. https://fas.org/sgp/crs/misc/RL33225.pdf O’Brien, David. 2014. Storm Center: The Supreme Court in American Poli- tics. 10th Edition. New York: W.W. Norton. Rutkus, Denis Steven. 2016. The Appointment Process for U.S. Circuit and District Court Nominations: An Overview (CRS Report No. R43762). Congressional Research Service. https://fas.org/sgp/crs/misc/R43762.pdf Tackett, Michael. 2019. “Trump Fulfills His Promises on Abortion, and to Evangelicals.” New York Times, May 16, 2019. Watson, George L., and John A. Stookey. 1995. Shaping America: The Poli- tics of Supreme Court Appointments. New York: Longman. Watson, Kathryn. 2022. “Biden Says He’ll Name a Black Woman as Supreme Court Pick by End of February.” CBS News, January 28, 2022. https://www.cbsnews.com/live-updates/biden-supreme-court-black -woman-pick-february Whittington, Keith E. 2006. “Presidents, Senates, and Failed Supreme Court Nominations.” Supreme Court Review, 2006: 401–438. Whittington, Keith E. 2018. “Partisanship, Norms, and Federal Judi- cial Appointments.” Georgetown Journal of Law & Public Policy, 16: 521–535. Q2. DO OUTSIDE ORGANIZATIONS INFLUENCE WHOM THE PRESIDENT NOMINATES TO THE FEDERAL BENCH? Answer: Since the 1950s, yes. As noted in Q1, the American Bar Associa- tion (ABA) has had a longstanding role in rating the legal qualifications of candidates under consideration for the federal bench. Beginning with the Eisenhower administration, most presidents have sought input from the ABA in vetting potential nominees. More recently, the Federalist Society has become a key organization shaping Republican perspectives on candi- dates for judgeships.
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