Many Things Considered

Episdoe 2: Making a Judge

Marc Johnson
Appointing judges has always been an overtly political process, after all politicians are involved, but the process has not always been as contentious and hyper-partisan as it has become over the last two decades. From the days of Alexander Hamilton to the 1980s a broad bipartisan consensus existed that generally respected the president’s power to appoint judges who were qualified and within the political mainstream. But now a Supreme Court vacancy has gone unfilled for months, more 100 other judicial positions remain unfilled and the once routine confirmation process can take months or even longer. What’s happened to how we make judges and what can history tell us about how things might be done differently?