In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.
Benjamin Wittes is a Fellow and Research Director in Public Law at the Brookings Institution and a member of the Hoover Institution Task Force on National Security and Law. He is also the author of Starr: A Reassessment (2002).
Chapter 1 1. Introduction Chapter 2 2. An Unsatisfying Debate Chapter 3 3. The Transformation of Judicial Confirmations Chapter 4 4. The Threat to Independent Courts Chapter 5 5. Conclusion: A Confirmation Process for Angry Times