Some Historical Perspective on Supreme Court Confirmations

Supreme Court

Rhodes College historian Timothy Huebner, author of a series of lectures on the Supreme Court, reminds us that 19th-century debates over the confirmation of Supreme Court justices were more contentious than what goes on today.  Here is a taste of his recent piece at The Washington Post:

But if our current nomination and confirmation process for Supreme Court justices is broken, as many have suggested, it is not because it has become more political than it used to be. Instead, history shows that the appointment process may actually be less political than it was during the 19th century. But transformations during the 20th century have gradually left politics and ideology as the main battleground in confirming judges, leaving the false impression that the process is far worse than in the past.

During the first century or so of the Supreme Court’s history, selecting and confirming judicial nominees was political and sharply contentious. From the start, presidents picked nominees whom they assumed generally agreed with their political philosophy, and some, such as Andrew Jackson and Abraham Lincoln, even rewarded cronies with seats on the court. Unlike today, many nominees for the court lacked prior judicial experience. In fact, of the 57 justices nominated and confirmed between 1789 and 1898, 17 lacked substantial judicial experience at either the state or federal level. Instead, they were private attorneys, legislators or Cabinet secretaries. 

Read the rest here.