Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees

by David Alistair Yalof

Although the Senate confirmation of Supreme Court nominees is the most public part of the nomination process, the most critical phase—the initial selection of nominees—is usually hidden from view. In Pursuit of Justices , David Yalof takes the reader behind the scenes of what happens before the Senate hearings to show how presidents go about deciding who will sit on the highest court in the land. As Yalof shows, an intricate web of forces—competing factions within the executive branch, organized interests, and the president's close associates—all vie for influence during this phase of presidential decisionmaking.

Yalof draws on the papers of seven modern presidents, from Truman to Reagan, and firsthand interviews with key figures, such as Ramsey Clark, Edwin Meese, and President Gerald Ford. He documents and analyzes the selection criteria these presidents used, the pool of candidates from which they chose, their strategies, and the political pressures affecting their decisions, both successes and failures. Yalof also disputes much conventional wisdom about the selection process, including the widely held view that presidents choose nominees primarily to influence future decisions of the high court. In a substantial epilogue, Yalof offers insightful observations about the selections of Presidents George Bush and Bill Clinton.

By focusing on a neglected area of presidential politics, Yalof offers a fascinating and unprecedented glimpse into the intricate world of executive branch decisionmaking and the Supreme Court appointment process as a whole.
Winner of the 2000 Richard E. Neustadt Award for Best Book on the American Presidency

312 pages, Hardcover

First published October 15, 1999

Reviews

[Evan Moore · Rating 3 out of 5]

An interesting look at the process of how Supreme Court nominees are selected, by several different categories, and how the process of confirmation has changed over the years. A good read for those seeking to understand what goes into selecting a name for the nations highest court.

[Wesley Roth · Rating 4 out of 5]

Given that President-Elect Trump will soon be announcing his pick for the current Supreme Court vacancy, I picked up David Alistair Yalof’s much needed contribution to presidential and Supreme Court history. Yalof draws on the papers of seven modern presidents, from Truman to Reagan, telling the fascinating backstory of how each vacancy occurred and the process the president used to fill each one. There are fascinating stories and nuggets of enjoyment throughout the book of the process that is unlike any other in American politics. The author also provides a quick overview of Bush 41 and Clinton’s SCOTUS picks (as the book was written in 1999). Any Supreme Court watcher or fan of Presidential history would enjoy this book. Whom will Trump nominate in January, 2017?

It would be great if Yalof would return and provided an updated edition giving the Bush 41 and Clinton nominees full telling, along with Bush 43 and President Obama’s picks.

[Wesley Roth · Rating 5 out of 5]

Was one of the best books I've read on the Supreme Court! Learned a lot and about how presidents select their nominees for the highest court. Recommended!