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ABA double standard on judicial nominations

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Since at least the 1984 nomination of Frank Easterbrook, the Senate has used the summer of a presidential election year to refuse to confirm nominations to the appellate branch, and this Senate is no different. The American Bar Association, however, for the third straight year, is lobbying Congress to confirm specific judicial nominees, something they never did during the Bush administration, giving some confirmation to the accusations of the Bush administration that the ABA judicial-nominee rating process was highly partisan and biased. [Kerr; Whelan]

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


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The Manhattan Insitute's Center for Legal Policy.