Senatorial Discourtesy: The Senate's Use of Delay to Shape the Federal Judiciary

Abstract

Legislators have long recognized that delaying tactics are powerful tools for preventing the passage of laws they deem unsatisfactory. Because the U.S. Congress has several deadlines built into its session, when committee chairmen or individual members delay the scheduling of hearings, markups, or executive business meetings, it can have a devastating effect on pending legislation. The tactic of delay is now being used by the Senate Judiciary Committee and individual senators to stall confirmation of the President's judicial nominations. Since 1996, the average length of time between an individuals nomination to serve as a federal judge and the time that he or she is confirmed has increased dramatically At the same time, some nominations still proceed very quickly through the confirmation process. This article explores the question of why some nominees are subjected to lengthy delays, while others move through the Senate confirmation process in a matter of days. Specifically, it explores the impact of divided government, institutional strength of the President, and the majority party in the Senate, the position to which an individual has been nominated, and a number of nominee-specific variables to assess the impact that these have on the length of time a nominee will wait for confirmation.