Why “go public”? Presidential use of nominees to the U.S. Courts of Appeals. Unpublished manuscript in author’s possession

In recent years, presidents have utilized public appeals on behalf of their nominees to the U.S. Courts of Appeals with increasing regularity. In this study, I examine the timing, audience, and themes of these presidential speeches from 1977 to 2004. I find that presidents have tended to discuss circuit court nominees who are vulnerable to defeat in the confirmation process before narrow audiences consisting of sympathetic groups or campaign supporters. Presi-dents discussed nominees in an effort to influence Senate behavior, but more so to court favor with like-minded groups and link nominees to electoral politics. These findings indicate that presi-dents have begun to insert their nominees into public political discourse for their own political gain, rather than to help their nominees secure confirmation. The process by which judges are appointed to the U.S. Courts of Appeals has changed dramatically in recent years. Confirmation obstruction and delay of these nominees have steadily increased since the mid 1990s (Goldman 2003). The increased involvement of interest groups and the extent of partisan strife concerning lower court appointments have resulted in a situation where “confirmation battles are played out on a battleground where compromise is always difficult and often impossible ” (Goldma