The Downward Spiral of Politicization: A Guide to My Posts on Judicial Selection
Over the past few months, Legal Theory Blog has covered judicial selection wars. It all started with my post on Adam Cohen's New York Times editorial, making an unfair attack on the record of Deborah Cook, which, unfortunately was eaten by the BIG POST auto delete feature of Blogger! Here is a brief guide to the posts, with the most important posts indicated by red asterisks (***):February 2003
Rick Hasen on Judicial Nominations (2003-02-25)--Rick Hasen responds to my original post on Deborah Cook.
March 2003
Ongoing Debates Department: Hasen on the Role of Ideology in Judicial Selection (2003-03-02)--Hasen says that politization of judicial selection and the judiciary is inevitable; I say there is an alternative--the rule of law.
Four Part Reply to Rick Hasen:
*** Ongoing Debates Department: Political Ideology and Judicial Selection: Part One (2003-03-07): Can we escape the politicization of the judiciary?
*** Ongoing Debates Department: Political Ideology and Judicial Selection: Part Two (2003-03-08): Neoformalist judging versus minimalist judging.
*** Ongoing Debates Department: Political Ideology and Judicial Selection: Part Three (2003-03-10): A game-theoretic analysis of judicial selection.
*** Ongoing Debates Department: Political Ideology and Judicial Selection: Part Four (2003-03-11): Restoring the Rule of Law.
Reactions Department (2003-03-14)--Marstonalia responds to debate with Rick Hasen.
Downward Spirals Department (2003-03-21)--Washington Post reports that Republicans may "go nuclear" in judicial confirmation wars.
Downward Spirals Department (2003-03-21)--Debate with Rick Hasen over whether there escalation is real or not.
Downward Spirals Department (2003-03-21)--Rick Hasen argues that downward spirals are political rhetoric.
*** Downward Spirals Department (2003-03-22)--How bad is the bottom of a downward spiral of politicization?
Downward Spirals Department (2003-03-24)--Rick Hasen argues that we are on a roller coaster and not in a downward spiral.
Downward Spirals Department (2003-03-28)--Filibuster of Patricia Owen.
April 2003
Downward Spirals Department (2003-04-02)--Are the Democrats escalating through systematic use of blueslips?
Downward Spirals Department (2003-04-04)--Filibusters and death spirals.
Downward Spirals Department (2003-04-06)--Pointer to email from a reader of the Election Law Blog.
Downward Spirals Department (2003-04-09)--Democrats may filibuster Patricia Owen.
Downward Spirals Department (2003-04-10)--Justice Kennedy on politicization of judicial selection.
Oman's Analysis of Judicial Selection (2003-04-11)--Nate Oman's argument that judicial selection is already anarchic.
Downward Spirals Department (2003-04-15)--Politicization of the judiciary in New Zealand.
Downward Spirals Department (2003-04-16)--Pointers to Bashman and Hasen on Judicial Selection.
*** Politicization of Judicial Selection: Moderation versus Neoformalism (2003-04-16)--Two solutions to the downward spiral: (1) judges who are poltically moderate, (2) judges who are dedicated to the rule of law.
*** Religion, Ideology, and Judicial Selection (2003-04-22)--Controversy over Religious Bias and Opposition to Nomination of James Leon Holmes.
Downward Spirals Department (2003-04-24)--New York Times opposed nomination of Judge Carolyn Kuhl.
Downward Spirals Department (2003-04-27)--More on the nominations of Jeffrey Sutton and Carolyn Kuhl.
The Confirmation Wars (2003-04-29)--Howard Bashman reports on the ongoing skirmishes.
The Downward Spiral of Politicization of the Judicial Confirmation Process: The Recess Appointments Option (2003-04-29)--Randy Barnett has an ingenious proposal for wholesale use of the recess appointmenst power, but where would it lead?
*** Going Nuclear: The Constitutionality of Recess Appointments to Article III Courts (2003-04-30)--My extended analysis of the implications of wholesale use of the recess appointments option.
May 2003
*** Gaming Recess Appointments (2003-05-01)--Deep Roberts analyzes the ins and outs of the Recess Appointments Clause and the possible responses by the Congress.
Confirmation Wars: The Filibuster (2003-05-02)--My first attempt at analyzing the filibuster option and the possibility of using parliamentary techniques to force cloture.
Some Correspondence About Filibusters and Recess Appointments (2003-05-02)--Thoughts from various readers.
*** Update on Filibusters (2003-05-03)--Why the 24/7 option won't break the filibuster.
Filibusters, Blueslipping, and the Advice & Consent Clause (2003-05-06)--My letter to Senator Cornyn.
*** Blogging from the Senate Judiciary Hearing Room (2003-05-06)--A detailed report on the hearings on filibuster busting options.
*** Breaking the Deadlock: Reflections on the Confirmation Wars (2003-05-08)--My analysis of the implications of the Republican moves to block filibusters by circumventing Rule 22.
Confirmation Wars: Some Bits and Pieces (2003-05-10)--Senator Frist proposes a variation on the Miller plan, plus other bits and pieces.
Parliamentary Procedure Department (2003-05-10)--Washinton Times report on filibuster breaking techniques.
Froomkin on the Confirmation Wars (2003-05-11)--Exchange with Michael Froomking, where I introduce two dimensional model of judicial selection.
Understanding the Confirmation Wars: The Role of Political Ideology and Judicial Philosophy (2003-05-12)--An extended version of the two-dimensional model of judicial selection.
Kmiec on the Filibuster (2003-05-21)--Doug Kmiec argues Rule 22 is unconstitutional, as applied to itself.
Falk on High Politics (2003-05-21)--Economist Jonathan Falk argues for the long run political benefits of neoformalist judging.
Hasen on the Filibuster (2003-05-22)--Rick Hasen comments on Ornstein filibuster op/ed.
Estrada's Answer to the Roe Question (2003-05-22)--Was Estrada right to "duck" the Roe question?
posted by Lawrence Solum 1:17 AM