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A Note on Senatorial Consideration of Supreme Court Nominees, 79 YALE L.J. 657 (1970)


If a President should desire, and if chance should give him the opportunity,
to change entirely the character of the Supreme Court,
shaping it after his own political image, nothing would stand in his
way except the United States Senate. Few constitutional questions are
then of more moment than the question whether a Senator properly
may, or even at some times in duty must, vote against a nominee to
that Court, on the ground that the nominee holds views which, when
transposed into judicial decisions, are likely, in the Senator's judgment,
to be very bad for the country. It is the purpose of this piece to
open discussion of this question.

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