Document Type
Article
Publication Date
2023
Publication
Louisiana Law Review
Volume
83
Abbreviation
La. L. Rev.
First Page
493
Abstract
Part I of the Article discusses the recent history of Supreme Court nominations, beginning with President Ronald Reagan’s unsuccessful nomination of Judge Robert Bork in 1987. It attempts to explain how the Senate, in just a few decades, went from confirming three justices unanimously to confirming four consecutive justices with fewer than 55 votes, amidst increasing partisan rancor. Part II summarizes the new rules of the game in light of the actions taken by both parties, and their justifications for those actions, in the years since Scalia’s death. Part III explores what the future of Supreme Court nominations will look like, with a particular focus on the Senate’s rural and small-state biases. Finally, Part IV argues that the new rules and norms that have emerged since 2016 give Republicans a significant advantage that will likely endure for decades to come.