Trevor Parry-Giles

Trevor Parry-Giles is Associate Professor in the Department of Communication at the University of Maryland; Affiliate Faculty Member with the Center for Political Communication and Civic Leadersh...

Character of Justice, The
Rhetoric, Law, and Politics in the Supreme Court Confirmation Process

Trevor Parry-Giles

Click this link to hear Parry-Giles interview on NPR, WAMU 88.5 FM, American University Radio

For much of American history, Supreme Court nominations attracted little public attention. The rancorous public hearings that characterize contemporary confirmation struggles were unheard of prior to the twentieth century. Today, except for presidential campaigns, no single constitutional event produces more controversy and interest than the nomination of a Supreme Court Justice. The intense scrutiny of this process is not surprising, as the Court addresses profound issues of civil rights and liberties, constitutional law, and economics policy, and the power of one vote is considerable. As it has done so many times before, regarding Bush v. Gore, the Supreme Court in 2000 inserted itself into a critical and ongoing national debate. Slavery, property rights, abortion, individual privacy, freedom of religion—all of the great issues that have confronted the United States have come before the Supreme Court for resolution. Judicial philosophies, plus ideological formation for American conceptions of law, justice, and democracy are rhetorically important.

Parry-Giles examines some controversial and ideologically meaningful Supreme Court nominations from 1916 through 1987: Louis D. Brandeis, Charles Evans Hughes, John J. Parker, Thurgood Marshall, Clement F. Haynsworth Jr., G. Harrold Carswell, and Robert Bork. The book also discusses recent confirmations, including Clarence Thomas, Ruth Bader Ginsburg, and Stephen Breyer. The Character of Justice points to the centrality of this process to and the ideological constitution of the American system of democracy and law.

Reviews

The Senate confirmations of Supreme Court nominations throughout history have been contentious at times, but they have changed in tone and substance since the Robert Bork hearings of the 1980s. Understanding how they have changed and where they are headed is the subject of this book. According to Parry- Giles...Supreme Court selections and hearings have always been political, with presidents as early as George Washington having nominees rejected. But starting in the 20th century with President Wilson's nomination of Louis Brandeis, they have taken on a rhetorical and "characterological" nature, the author contends. Nominees are described in terms of the character they will bring to the Court and the Constitution, and the language or rhetoric used to describe them reflects the personality they are meant to fill. To show this, several 20th-century nominations, such as those of Brandeis, Thurgood Marshall, and Robert Bork, among others, are examined....A good addition for collections on the Supreme Court, law, and American politics" - Choice

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"Parry-Giles' study employs sound historiography, with the stage well set for his focus on 20th century advice and consent processes through significant attention to their predecessors. Throughout the analysis, ample documentation bolsters Parry-Giles' argument, and the book is both well written and a good, engaging read." - Law and Politics Book Review