We review an article recently published in this journal to show how errors of theory-building, measurement, and research design have contributed to a confusing state of research in the area of interest-group lobbying activities. Contradictory findings in this area have come from the use of cross-sectional variance models where theories have called for longitudinal ones, from inaccurate measurements, from incomplete models, and especially from a willingness to overgeneralize from case studies. Despite a resurgence of studies on lobbying strategies, this literature will remain contradictory and inconclusive unless researchers resolve some basic questions about their theories and the nature of the evidence necessary to test them.

The multiple ambiguities of "counteractive lobbying"

Using nominations to Article III district and appeals court judgeships, we test a model of senatorial treatment of presidential nominations to the lower federal bench, looking both at outcome (whether or not a nomination culminates in confirmation) and process (the length of time it takes the Senate to process a nomination). We find evidence that nominee quality matters, as does composition of the Judiciary Committee and pending judicial nominations. Contrary to charges made in the popular press, however, neither race nor gender makes a difference for ultimate success or failure of a nomination. Duration analysis reveals that race (though not gender) does matter for district court nomination processing time. We also find presidential year and term to matter for both levels of court but the outcome of the Bork nomination to affect only appeals court nominations.

/pdf/to-advise-and-consent-the-senate-and-lower-federal-court-46duifs5kb.pdf

To Advise and Consent: The Senate and Lower Federal Court Nominations, 1977-1998

It is by now well known that ideological concerns have a major influence on senator's votes over Supreme Court nominees. Much less is understood, however, about the effects of partisanship. This study investigates two aspects of partisanship - first, whether confirmation voting has become more partisan over time, even when controlling for other factors, such as ideology; and second, whether partisanship modifies the influence of ideology. The results demonstrate that partisanship has played an increasing role over time and that the effects of ideology are, to some extent, dependent on partisanship.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1016776_code658521.pdf?abstractid=1016776&mirid=1&type=2

Partisanship, Ideology, and Senate Voting on Supreme Court Nominees

Six different notions of ‘political’ are commonly used in discussions of the US Supreme Court. All six are familiar, but the distinctions among them are seldom carefully drawn. The six are: (1) purely definitional, in the sense that the Supreme Court, as an appellate court of last resort inevitably authoritatively allocates values; (2) empirical, in the sense that litigants use the Court to try to achieve their political purposes; (3) influence seeking, in the sense that the justices have a natural desire to prevail in arguments within the court; (4) prudential, in the sense that the justices frequently consider the probable consequences of their decisions; (5) policy-oriented, in the – usually pejorative – sense that justices are said to use the Court and the law as a cover for pursuing their own policy and other goals; and (6) systemic, in the sense that the Court's decisions frequently, as a matter of fact, have consequences for other parts of the American political system. These six notions are considered in the context of recent abortion decisions.

/pdf/six-notions-of-political-and-the-united-states-supreme-court-4yaa1cst8d.pdf

Six Notions of ‘Political’ and the United States Supreme Court

Justices on the Ballot addresses two central questions in the study of judicial elections: how have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public's view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.

/pdf/justices-on-the-ballot-continuity-and-change-in-state-3q88qkne82.pdf

Justices on the Ballot: Continuity and Change in State Supreme Court Elections

The struggle for and against Robert Bork's Supreme Court nomination was a soul-searching dissection of the country's values. This book investigates both sides of the issue with scores of interviews with key figures as the most critical political fight during the Reagan years unfolds.

Battle for Justice: How the Bork Nomination Shook America

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Battle for Justice: How the Bork Nomination Shook America