Document Type
Article
Publication Date
1988
Abstract
In testimony before the Senate Judiciary Committee, I argued (and still believe) that Judge Robert Bork possessed surpassing qualifications for an appointment to the Supreme Court. Subsequently, I became persuaded that my submission was incomplete. Additional argument was necessary to establish that my testimony, if accepted, imposed a constitutional duty on senators to vote for confirmation. To my surprise, further reflection convinces me that no such argument is possible.
Disciplines
Constitutional Law | Law | Law and Politics | President/Executive Department | Supreme Court of the United States
Recommended Citation
Henry P. Monaghan,
The Confirmation Process: Law or Politics?,
101
Harv. L. Rev.
1202
(1988).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/785
Included in
Constitutional Law Commons, Law and Politics Commons, President/Executive Department Commons, Supreme Court of the United States Commons