Lies, damn lies, and statistics

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5 Responses

  1. Orin Kerr says:

    Don’t forget about GOP nominees Earl Warren, William Brennan, and Harry Blackmun.

  2. I says:

    Of course, Bork and Douglas Ginsburg were rejected and pressured out of the nomination process, respectively, by a Democratic Senate from a Republican President. Republican Senates haven’t done that.

  3. Nate Oman says:

    I would add John Paul Stevens (appointed by Gerald Ford) to Orin’s list.

  4. Mark B. says:

    So, since it doesn’t matter, I suppose I can hold my nose and vote for Hillary today?

    Actually, can I vote for Scalia? He gave me As in Contracts and Administrative Law, so there’s a soft spot in my heart for him.

  5. The focus on confirmations is misplaced. Most nominees (81 percent) have been confirmed and, since 1900, presidents have usually gotten their way. Some even say there is a presumption in favor of confirmation.

    Party identification is, however, more of a crticial factor when it comes to failure. Calculate the number of failed nominations when the president’s party has controlled the Senate. Then you will see the larger, more important point to be made.