This article examines the hypothesis that the rejection of Robert Bork's nomination to the Supreme Court for political reasons was a unique or even extraordinary event. The article surveys the history of the process of the appointment of Supreme Court Justices and demonstrates that it is normal, predictable, and desirable that Supreme Court Justices are selected and rejected for purely political reasons. Along the way the article demonstrates that the criterion used by Presidents and Senators to select and reject Supreme Court Justices have placed Bork in the company of many fine lawyers and judges, who like Learned Hand, have been denied a seat on the Court for political reasons.
Presidential Studies Quarterly (PSQ) is the only scholarly journal that focuses on the most powerful political figure in the world – the president of the United States. An indispensable resource for understanding the U.S. presidency, Presidential Studies Quarterly offers articles, features, review essays, and book reviews covering all aspects of the American presidency. PSQ's distinguished contributors are leading scholars and professionals in political science, history, and communications
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Presidential Studies Quarterly
© 1995 Center for the Study of the Presidency and Congress