Abstract

AbstractSenate majorities of both parties have altered the rules of debate to speed up deliberations on presidential nominees, particularly on judicial nominations. These deployments of the Senate's “nuclear option,” however, have had no demonstrable effect with respect to judicial nominations. We suggest the evidence highlights the role of “opportunism” rather that partisan obstruction in delaying nominations. We also document how thwarting opportunism by removing substantive legislation in favor of exclusively considering judgeships early in an administration's tenure can speed up deliberations. We recommend seven specific reforms along these lines to improve the appointments process.

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