On Judicial Confirmations — History and Numbers

Jonathan Adler at the Volokh Conspiracy: Partisans in judicial nomination fights like to play the victim. As each side tells it, obstruction of judicial nominees is all the other side’s fault. Each act of contemporary obstruction is justified by some act of obstruction that came before. The reality, however, is that there are no clean hands in these fights any more. For over twenty-five years the two parties have been engaged in an escalating game of tit-for-tat. Each time the tables are turned, the opposition party retaliates in kind, and then some. Given the reactions to my post yesterday on judicial nominations, I thought it would be worth recounting the history (as I have before) — with the relevant data — and then to explain what it means. I’ll follow this up with a post on what I think should be done, in light of this history, to end the obstruction of judicial nominees.