In January 2014, Michael Teter, Associate Professor of Law at the University of Utah S.J. Quinney College of Law, contributed an essay, “ Senate Rules and Norms, Not the Size of the Federal Government, are to Blame for the Broken Judicial Confirmation Process,” to Cato Unbound, the Cato Institute’s monthly online magazine.
The title of the January 2014 issue is “Are Judicial Nominations Broken? How Should We Fix Them?” John R. Lott, Jr. contributed the lead essay, which recapitulated the thesis of his recent book, Dumbing Down the Courts: How Politics Keep the Smartest Judges off the Bench. Teter’s is the first of several response essays.
In his essay, Teter argues, “The real cause of the problem resides in the Senate’s institutional rules and norms, along with the electoral incentives pushing senators to delay and obstruct judicial candidates nominated by the president of an opposing party. “
To read the issue, click here.