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Judicial confirmation hearings offer a rare opportunity for senators to engage in a public exchange with current and future members of the federal judiciary. Below the Supreme Court level, however, we know relatively little about how members of the Judiciary Committee use these hearings. In this article, we examine senator mentions of Supreme Court cases at circuit court confirmation hearings between 1993 and 2012 to test whether these hearings serve as a venue for position-taking, as well as for interbranch dialogue. We find evidence that senators do reference decisions in ways that seem motivated by electoral considerations. However, we also find that hearings are frequently used as a forum for interbranch dialogue over Supreme Court cases. When used in this fashion, the dialogue is often focused on cases that challenge congressional power. The results suggest that confirmation hearings are an underappreciated venue for interbranch conversations. [ABSTRACT FROM AUTHOR]

Senate Judiciary Committee confirmation hearings offer senators a public opportunity to exercise their “advice and consent” privilege and scrutinize presidential nominees. In this article, we examine the purpose and functioning of confirmation hearings for federal district court nominees, which make up the majority of presidential selections to federal courts. Using transcripts from all hearings between 1993 and 2008, we find the characteristics of individual nominees have little effect on the types of questions senators pose. Instead, larger institutional and political factors—such as Senate composition, party of the president, and proximity to a presidential election—are much better predictors of how senators use their opportunity to scrutinize nominees. The results indicate senators use hearings to engage in partisan and ideological position taking rather than to ascertain the qualifications of district court nominees. [ABSTRACT FROM PUBLISHER]