The Confirmation Process: Law or Politics?

Authors

Henry Paul Monaghan, Columbia Law SchoolFollow

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

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