Comments on: Lies, damn lies, and statistics

By: P.S. Ruckman, Jr.

P.S. Ruckman, Jr. — Thu, 16 Nov 2006 00:25:18 +0000

The focus on confirmations is misplaced. Most nominees (81 percent) have been confirmed and, since 1900, presidents have usually gotten their way. Some even say there is a presumption in favor of confirmation.

Party identification is, however, more of a crticial factor when it comes to failure. Calculate the number of failed nominations when the president’s party has controlled the Senate. Then you will see the larger, more important point to be made.

By: Mark B.

Mark B. — Tue, 07 Nov 2006 19:04:58 +0000

So, since it doesn’t matter, I suppose I can hold my nose and vote for Hillary today?

Actually, can I vote for Scalia? He gave me As in Contracts and Administrative Law, so there’s a soft spot in my heart for him.

By: Nate Oman

Nate Oman — Tue, 07 Nov 2006 18:14:19 +0000

I would add John Paul Stevens (appointed by Gerald Ford) to Orin’s list.

By: I

Tue, 07 Nov 2006 03:07:57 +0000

Of course, Bork and Douglas Ginsburg were rejected and pressured out of the nomination process, respectively, by a Democratic Senate from a Republican President. Republican Senates haven’t done that.

By: Orin Kerr

Orin Kerr — Tue, 07 Nov 2006 01:47:06 +0000

Don’t forget about GOP nominees Earl Warren, William Brennan, and Harry Blackmun.