Bench Memos

Law & the Courts

‘Midterm Elections and Judicial Confirmations’

That’s the title of my new Confirmation Tales post. Here’s a passage from its opening:

In four elections in the past 40 years—two when a Republican was president, two when a Democrat was—a president’s political party has lost control of the Senate in the midterms: 1986, 1994, 2006, and 2014. Each loss was significant for the president’s judicial appointments in the last two years of his term, but 1986 and 2014 were far more consequential than the other two. Let’s take a look at those four losses and then address what is at stake for the next two years.

I invite you to sign up for Confirmation Tales.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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