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Bias and the Bar: Evaluating the ABA Ratings of the Bush Judicial Nominees

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Abstract:

In one of his earliest actions as president, George W. Bush removed the American Bar Association’s Standing Committee on the Federal Judiciary from its role in the recruitment and vetting of federal judges. The Committee was accused of unfairness toward conservative nominees motivated by a preference for liberal jurists. With the Bush years drawing to a close, we examine the ABA’s ratings (‘well qualified,’ ‘qualified,’ or ‘not qualified’) of the Bush nominees to the lower federal courts and their earlier counterparts from 1977-2008 to evaluate this claim. We examine, in light of Bush’s comments and other studies identifying bias in ABA ratings (e.g., Lindgren 2001), whether that holds true. We construct an ordered logit model to explain the roles of experience, career path, education, race/gender, and political affiliation in ABA evaluations of judicial nominees. In addition, we discuss whether the ABA has responded to criticism in recent ratings and whether it should be returned to its former role in the president’s evaluation of prospective judicial nominees.

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rate (241), nomine (226), aba (193), qualifi (111), receiv (106), committe (105), experi (86), judici (86), stand (73), model (72), well (67), presid (66), court (61), feder (59), year (58), polit (55), 1 (53), judg (52), evalu (52), variabl (49), 2001 (47),
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Association:
Name: Midwest Political Science Association 67th Annual National Conference
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http://www.indiana.edu/~mpsa/


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MLA Citation:

Vining, Richard., Steigerwalt, Amy. and Smelcer, Susan. "Bias and the Bar: Evaluating the ABA Ratings of the Bush Judicial Nominees" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, Apr 02, 2009 <Not Available>. 2010-07-07 <http://www.allacademic.com/meta/p363529_index.html>

APA Citation:

Vining, R. L., Steigerwalt, A. L. and Smelcer, S. N. , 2009-04-02 "Bias and the Bar: Evaluating the ABA Ratings of the Bush Judicial Nominees" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL Online <APPLICATION/PDF>. 2010-07-07 from http://www.allacademic.com/meta/p363529_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In one of his earliest actions as president, George W. Bush removed the American Bar Association’s Standing Committee on the Federal Judiciary from its role in the recruitment and vetting of federal judges. The Committee was accused of unfairness toward conservative nominees motivated by a preference for liberal jurists. With the Bush years drawing to a close, we examine the ABA’s ratings (‘well qualified,’ ‘qualified,’ or ‘not qualified’) of the Bush nominees to the lower federal courts and their earlier counterparts from 1977-2008 to evaluate this claim. We examine, in light of Bush’s comments and other studies identifying bias in ABA ratings (e.g., Lindgren 2001), whether that holds true. We construct an ordered logit model to explain the roles of experience, career path, education, race/gender, and political affiliation in ABA evaluations of judicial nominees. In addition, we discuss whether the ABA has responded to criticism in recent ratings and whether it should be returned to its former role in the president’s evaluation of prospective judicial nominees.

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Associated Document Available Political Research Online
Associated Document Available Midwest Political Science Association 67th Annual National Conference

Document Type: application/pdf
Page count: 33
Word count: 12222
Text sample:
Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial ominees Richard L. Vining Jr. University of Georgia rvining@uga.edu Amy Steigerwalt Georgia State University polals@langate.gsu.edu Susan Navarro Smelcer Emory University sknavar@emory.edu Paper prepared for presentation at the Annual Meeting of the Midwest Political Science Association April 2-5 2009 Chicago Illinois Disclaimer: The views expressed herein are those of the authors and do not represent those any institution with which the authors are affiliated. 2 On March 17 2009
N = 317 Wald Chi2 = 45.93 Wald Chi2 = 42.31 Prob>chi2 = 0.000 Prob>chi2 = 0.000 Log pseudoliklihood = -425.83561 Log pseudoliklihood = -427.41458 Significance Levels: # p<.10 * p<.05 ** p<.01 *** p<.001 one-tailed tests 33 Figure 4. Predicted Probability of ABA Rating Given Years as a Government Attorney ote: There was no nominee during this time who received a rating of “Not Qualified/Qualified” by the ABA Standing Committee. Thus the predicted probability of receiving that rating


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