Partisan Politics

Abstract

Only a few studies of the lower federal court confirmation process consider the role of the race/gender of nominees in that process and none consider the intersection of party politics with those characteristics. We address this deficiency, arguing that the different electoral incentive structures of the two major parties have consequences for the treatment of minority and female nominees. The levels of minority and female support enjoyed by the Democratic Party, as well as the Republican Party’s desire to shed its reputation as being insensitive to issues of importance to those constituencies, lead us to expect that the nominations of minorities and women will be handled most expeditiously under conditions of unified Republican control, followed by unified Democratic control, divided control with a Republican president and divided control with a Democratic president. Our empirical analysis provides partial support for this hierarchy and demonstrates the importance of considering the conditioning effect of partisan politics.

Gender, Diversity, and the United States Judiciary

“…34 Interestingly, however, between 1977 and 2000, the confirmation time for individual female nominees was faster when they were nominated under unified Republican control. 35 Lisa A. Solowiej, Wendy L. Martinek, and Thomas L. Brunell suggest that given their "traditional sources of support," Democrats were under greater pressure to support diverse nominees even when a Republican president made the nomination. 36 Given the underrepresentation of women in the candidate pool-usually presented as the proportion of licensed attorneys in a population-the prioritization of gender diversity in appointments requires a serious commitment of resources on the part of the appointing president.…”

“…35 Lisa A. Solowiej, Wendy L. Martinek, and Thomas L. Brunell suggest that given their "traditional sources of support," Democrats were under greater pressure to support diverse nominees even when a Republican president made the nomination. 36 Given the underrepresentation of women in the candidate pool-usually presented as the proportion of licensed attorneys in a population-the prioritization of gender diversity in appointments requires a serious commitment of resources on the part of the appointing president. For example, to identify female and minority candidates, Carl Tobias notes the Obama administration reached out to "nonconventional sources like minority and women's advocacy groups that know skilled candidates."…”