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.
Law | Law and Politics | President/Executive Department | Supreme Court of the United States
Henry P. Monaghan,
The Confirmation Process: Law or Politics?,
Harv. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/785