The Supremes: How the Death of Liberty of Contract Led to Increased Tandem Polarization and Changed Supreme Court Nominations
Abstract:
There has been an increase in tandem polarization in Supreme Court nominees and the Senate because of Presidential priorities, party realignment, and Presidential preferences. Republican Presidents want to return to a pre-FDR Court where their ideologies were the norm. Liberal ideology has become the norm of the Court in a post FDR world. All of this is occurring because of the increase of conservatism within the Republican party (since Presidents are the result of their parties and nominate justices to the Court) and the re-alignment of the parties that occurred after the New Deal, hence the increase in conservative nominees over time.