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Volumn 92, Issue 6, 2009, Pages 289-301

George W. Bush's legacy on the federal bench: Policy in the face of diversity

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EID: 68949118156     PISSN: 00225800     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article
Times cited : (16)

References (49)
  • 1
    • 68949125322 scopus 로고    scopus 로고
    • note
    • This commitment to diversity, we contend, may be normauve insofar as a president may care about diversity for diversity sake. This position recognizes the functional and symbolic role of diversity. Symbolic representation (that demographic groups in society should see their own members in positions of power) and/or functional representation (that the interests of these demographic groups will be supported by their members in power) generate appointing strategies that produce a moderate or major commitment to diversity. Significantly, these motivations are not mutually exclusive. Moreover, the appearance of diversity should not be confused with a commitment to diversity; indeed, there are other motivations for promoting diversity, not least among them electoral concerns and campaign promises that are not necessarily about diversity per se.
  • 2
    • 0036625037 scopus 로고    scopus 로고
    • We would argue that, in the modern era, no president would have a minor commitment to both diversity and her policy agenda. And that as time progresses, it becomes easier to have a moderate or major commitment to both goals as the ranks of potential nontraditional nominees on both sides of the aisle continue to swell. See Soc. Sei. Q.
    • We would argue that, in the modern era, no president would have a minor commitment to both diversity and her policy agenda. And that as time progresses, it becomes easier to have a moderate or major commitment to both goals as the ranks of potential nontraditional nominees on both sides of the aisle continue to swell. See Kathleen Bratton and. Rorie Spill. Moving Beyond Tokenism: The Effect of Existing Gender Diversity on the Selection of Women in State Supreme Courts, 83 Soc. Sei. Q. 504 (2002);
    • (2002) Moving beyond Tokenism: the Effect of Existing Gender Diversity on the Selection of Women in State Supreme Courts , vol.83 , pp. 504
    • Bratton, K.1    Spill, R.2
  • 11
    • 68949110219 scopus 로고
    • It is worth noting, however, that despite the absence of purposeful policy motivation in his appointments, research demonstrates that Carter's judges were the most liberal in their decisions from the bench. JUDICATURE Similarly, while the data indicate that Clinton's judges are quite moderate in their decision making, they may suggest also that he was interested in appointing ideologically compatible judges who reflected his own moderate positions.
    • It is worth noting, however, that despite the absence of purposeful policy motivation in his appointments, research demonstrates that Carter's judges were the most liberal in their decisions from the bench. (Carp et al. The voting behavior of judges appointed by President Bush, 76 JUDICATURE 298 (1993)). Similarly, while the data indicate that Clinton's judges are quite moderate in their decision making, they may suggest also that he was interested in appointing ideologically compatible judges who reflected his own moderate positions.
    • (1993) The Voting Behavior of Judges Appointed by President Bush , vol.76 , pp. 298
    • Carp1
  • 17
    • 68949105850 scopus 로고    scopus 로고
    • And research suggests that Bush appointees are the most conservative judges on the bench, even more so than Reagan appointees
    • And research suggests that Bush appointees are the most conservative judges on the bench, even more so than Reagan appointees (Carp et al., supra n. 4).
    • Supra , Issue.4
    • Carp1
  • 18
    • 84869726574 scopus 로고    scopus 로고
    • Not to mention diversity in his administration see, for example, December 23, Accessed 1/16/2009
    • Not to mention diversity in his administration (see, for example, Terry Neal, Diversity and the Bush Cabinet, Washingtonpost.com. December 23, 2004. (Accessed 1/16/2009, http://www.washingtonpost.com/ac2/wp-dyn/A22082-2004Dec23).
    • (2004) Diversity and the Bush Cabinet
    • Neal, T.1
  • 19
    • 68949114396 scopus 로고    scopus 로고
    • United Press International, June 29, Friday, GENERAL NEWS.
    • Peter Roff. Analysis: Capital focuses on judiciary, United Press International, June 29, 2001, Friday, GENERAL NEWS.
    • (2001) Analysis: Capital Focuses on Judiciary
    • Roff, P.1
  • 23
    • 68949119856 scopus 로고    scopus 로고
    • Data, unless otherwise noted, are from Federal Judicial Center's The database contains biographical information on all Article III judges confirmed by the Senate or appointed during a recess for 91 district courts (including Puerto Rico, but not including the territories) and all courts of appeals (including the federal circuit). We used December 31, as our cut-off date for data collection; although aggregate percentages are calculated using 4/15/09 as the cut-off date.
    • Data, unless otherwise noted, are from Federal Judicial Center's Federal Judges Biographical Database. The database contains biographical information on all Article III judges confirmed by the Senate or appointed during a recess for 91 district courts (including Puerto Rico, but not including the territories) and all courts of appeals (including the federal circuit). We used December 31,2008 as our cut-off date for data collection; although aggregate percentages are calculated using 4/15/09 as the cut-off date.
    • (2008) Federal Judges Biographical Database
  • 25
    • 68949145012 scopus 로고    scopus 로고
    • The Southern District of Mississippi, Nevada, and the Western District of Washington.
    • The Southern District of Mississippi, Nevada, and the Western District of Washington.
  • 26
    • 68949110221 scopus 로고    scopus 로고
    • The Middle District of Florida and the Eastern District of New York.
    • The Middle District of Florida and the Eastern District of New York.
  • 27
    • 68949145010 scopus 로고    scopus 로고
    • The Southern District of Alabama, the Southern District of Georgia, the Northern District of Iowa, the Western District of Michigan, the Northern District of Mississippi, Nebraska, the Eastern District of North Carolina, and the Northern District of Florida.
    • The Southern District of Alabama, the Southern District of Georgia, the Northern District of Iowa, the Western District of Michigan, the Northern District of Mississippi, Nebraska, the Eastern District of North Carolina, and the Northern District of Florida.
  • 30
    • 0039776553 scopus 로고    scopus 로고
    • Quoted in Neil Lewis, New York Times, October 8, Section 1; column 1. Accessed 3/25/09
    • Quoted in Neil Lewis, Presidential Candidates Differ Sharply on Judges they Would Appoint to Top Courts, New York Times, October 8, 2000. Section 1; page 28; column 1. (Accessed 3/25/09, http://www.lexisnexis.com/us/lnacademic/ resul ts/docview/docview.do?docLinkInd=true&risb=2 l-T6140346957&format= GNBFI&sort=BOOLEA N&startDocNo=626&resultsUrlKey=29-T6140321 733&cisb=22-T6140346997&treeMax=true&tree Width=0&csi= 6742&docNo=639).
    • (2000) Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts , pp. 28
  • 31
    • 68949085342 scopus 로고    scopus 로고
    • He did not mention judges in the previous addresses.
    • He did not mention judges in the previous addresses.
  • 35
    • 0013294184 scopus 로고    scopus 로고
    • January 28, The Washington Post. Accessed 3/25/09
    • George W. Bush, State of the Union Address. January 28, 2008. The Washington Post. (Accessed 3/25/09, http://www.washingtonpost.com/wp-srv/ politics/documents/bush- sotu-2008.html).
    • (2008) State of the Union Address
    • Bush, G.W.1
  • 36
    • 68949137034 scopus 로고    scopus 로고
    • Speech at the Hilton Cincinnati Netherland Plaza, Cincinnati, Ohio. October 6, Accessed 1/16/09
    • George W. Bush, President Bush Discusses Judicial Accomplishments and Philosophy. Speech at the Hilton Cincinnati Netherland Plaza, Cincinnati, Ohio. October 6, 2008. (Accessed 1/16/09, http://www.whitehouse.gov/news/releases/2008 / 10/print/20081006-5.html).
    • (2008) President Bush Discusses Judicial Accomplishments and Philosophy.
    • Bush, G.W.1
  • 37
    • 68949105849 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 38
    • 84869725114 scopus 로고    scopus 로고
    • See also "Diversity considerations will not, according to those who purport to know, be allowed to overwhelm questions of competence and philosophy."
    • See also Roff, supra n. 12. "Diversity considerations will not, according to those who purport to know, be allowed to overwhelm questions of competence and philosophy."
    • Supra , Issue.12
    • Roff1
  • 39
    • 68949119857 scopus 로고    scopus 로고
    • U.S. Newswire, Transcript of May 9 White House Press Briefing by Ari Fleischer. May 9, emphasis added.
    • U.S. Newswire, Transcript of May 9 White House Press Briefing by Ari Fleischer. May 9, 2001 (emphasis added).
    • (2001)
  • 40
    • 68949102048 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 41
    • 68949103906 scopus 로고    scopus 로고
    • Recall this appointment is Roger Gregory. Gregory was a recess appointment to the Fourth Circuit by Clinton, and was later nominated for a permanent position by G.W. Bush.
    • Recall this appointment is Roger Gregory. Gregory was a recess appointment to the Fourth Circuit by Clinton, and was later nominated for a permanent position by G.W. Bush.
  • 42
    • 68949092250 scopus 로고    scopus 로고
    • This was the seat held by David Souter before he was appointed to the Supreme Court by H.W. Bush. G.W. Bush appointed Jeffrey R. Howard to replace Norman Stahl.
    • This was the seat held by David Souter before he was appointed to the Supreme Court by H.W. Bush. G.W. Bush appointed Jeffrey R. Howard to replace Norman Stahl.
  • 43
    • 68949086579 scopus 로고    scopus 로고
    • note
    • There are 4 district courts with 20 or more judges serving. Here Bush's appointments were significantly less diverse. Of the 41 appointments, only 17% went to women and almost 22% went to minorities. The four largest district courts are Central California, Northern Illinois, Southern New York, and Eastern Pennsylvania; these courts sit in highly populous urban areas and were already quite diverse by January 20, 2001. Given Bush's electoral motivations, it is not surprising that he did not work terribly hard to insure diversity among these appointments.
  • 44
    • 84869716108 scopus 로고    scopus 로고
    • Alliance for Justice accessed 4/19/09
    • Alliance for Justice (accessed 4/19/09, http://www.afj.org/check-the- facts/nominees/ federaljudicial-vacancies.html ).
  • 45
    • 84869716107 scopus 로고    scopus 로고
    • Administrative Office of the United States Courts accessed 4/19/09, We do not know how many district court judges are eligible for senior status.
    • Administrative Office of the United States Courts (accessed 4/19/09, http://www.uscourts. gov/cfapps/webnovada/CF-FB-301/index.cfm?f useaction=Reports.ViewVacancies). We do not know how many district court judges are eligible for senior status.
  • 46
    • 84869725110 scopus 로고    scopus 로고
    • United States Senate Committee on the Judiciary accessed 4/26/09, Senate Bill 2774 also made 5 formerly temporary district court seats permanent; added 2 temporary seats to die courts of appeals and 14 temporary seats to die district courts.
    • United States Senate Committee on the Judiciary (accessed 4/26/09, http://judiciary.senate. gov/resources/reports/11Oreports.cfm). Senate Bill 2774 also made 5 formerly temporary district court seats permanent; added 2 temporary seats to die courts of appeals and 14 temporary seats to die district courts.
  • 47
    • 84869716109 scopus 로고    scopus 로고
    • Her Judicial Common Space score is a -.341 in a scale anchored by -1 (liberal) and 1 (conservative). See
    • Her Judicial Common Space score is a -.341 in a scale anchored by -1 (liberal) and 1 (conservative). See http://epstein.law.northwestern. edu/research/JCS.html.
  • 48
    • 84869726147 scopus 로고    scopus 로고
    • Indeed, in a story for the CBC, Henry Champ cites Matthew Dowd, "another former Bush Lieutenant" as noting that the GOP needs 40% of the Hispanic vote to win back the White House. And, "Dowd says that Republicans will doom themselves to long-term minority status if they are seen to rally against one of their icons." Henry Champ, CBC, May 27, Accessed 5/27/09
    • Indeed, in a story for the CBC, Henry Champ cites Matthew Dowd, "another former Bush Lieutenant" as noting that the GOP needs 40% of the Hispanic vote to win back the White House. And, "Dowd says that Republicans will doom themselves to long-term minority status if they are seen to rally against one of their icons." Henry Champ, Obama 's big win: another liberal on the U.S. Supreme Court, CBC, May 27, 2009 (Accessed 5/27/09, http://www.cbc.ca/world/ story/2009/05/27/f-rfa-champ.html).
    • (2009) Obama's Big Win: Another Liberal on the U.S. Supreme Court
  • 49
    • 84869710251 scopus 로고    scopus 로고
    • Also see, Washington Post, May 29, Accessed May 29, 2009
    • Also see, Dan Eggen, Shailagh Murray and Paul Kane, GOP Moves to Tone Down Criticism of Sotomayor, Washington Post, May 29, 2009 (Accessed May 29, 2009, http://www.washingtonpost.com/wp-dyn/ content/article/2009/05/29/ AR2009052901538. html?hpid=topnews
    • (2009) GOP Moves to Tone Down Criticism of Sotomayor
    • Eggen, D.1    Murray, S.2    Kane, P.3


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