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nomination hearings of the justices


 
 

Roy M. Mersky and J. Myron Jacobstein, The Supreme Court of the United States: Hearings and Reports on Successful and Unsuccessful Nominations of Supreme Court Justices by the Senate Judiciary Committee, 1916- present (W.S. Hein 1975 - present).

CIS Annual (Congressional Information Service 1971 - present); Congressional Masterfile CD-ROM; or Congressional Universe (to locate the official hearings and reports published by the United States Government Printing Office).

"No public documents on Senate review of nominees to the Supreme Court were available until 1916, when the Judiciary Committee held public hearings and published a report on the nomination of Louis D. Brandeis." Starting with Brandeis, [26] Mersky and Jacobstein have compiled all the Supreme Court nomination hearings and reports into a multi-volume set. The volumes are a compilation of the official documents issued by the United States Government Printing Office. [27]

Beginning in 1976, the set was revised to include Congressional Record excerpts. [28] The volumes were again revised with Justice Sandra Day O’Connor’s nomination and subsequent appointment. [29] The most recent volumes now include: (a) Presidential statements from the Weekly Compilation of Presidential Documents, (b) selected reprinted articles by and about the nominee, (c) tables of cases decided by the nominee, and (d) fairly lengthy selected bibliographies, in addition to the hearings, reports, and Congressional Record excerpts. [30] Mersky and Jacobstein also include the hearings and reports of the unsuccessful nominations to the Supreme Court since 1925, such as: John J. Parker, Homer Thornberry, Clement F. Haynsworth, George H. Carswell, Douglas H. Ginsberg, and Robert H. Bork. [31]

The official versions of the nomination hearings and reports are available from the United States Government Printing Office as individual documents. Most law libraries shelve the documents in the government documents section or have the information in microformat. One can find a particular Justice’s nomination report(s) and hearing(s) by looking up the Justice’s name in the CIS Annual / Index volume for the year(s) in which the Justice was nominated and confirmed. The citation listed will cross-reference to the CIS Annual / Abstracts. The CIS Annual / Abstracts volume provides a full description of the government document, complete with the Superintendent of Documents number, which can then be used to locate the document(s).

Congressional Masterfile is the CD-ROM version of the CIS Annual and is available at some law libraries. To search for the nomination hearings and reports on Congressional Masterfile, simply enter the name of the Justice in the search box. The display will pull up the same information that could be obtained through the CIS Annual volumes and it searches a large span of years at once. Congressional Masterfile contains Congressional material for 1789 - 1969, while Congressional Masterfile 2 covers Congressional material from 1970 - present.

In addition to the print and CD-ROM versions of this service, some libraries pay for a fee-based Internet version called Congressional Universe. Congressional Universe contains congressional publications from 1968 through the present. To retrieve the citations for hearings and reports for Justices appointed during this time period, simply perform a search for the Justice’s last name and the term "nomination" under "search by publication." At this time, only the hearings for Justice Stephen Breyer’s nomination appear in full-text. However, entries for other Supreme Court nominees since 1968 contain valuable index information for finding the hearings and reports. These documents can then be located in print or microformat copies.



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