If the senate failed to confirm rehnquist then

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If the Senate failed to confirm Rehnquist, then Scalia‘s nomination would also 37 While all federal appellate courts are equal, the D.C. Circuit is considered somewhat more prestigious than the other eleven circuits because of the number of federal law cases that court hears, as well as its logistical proximity to the Supreme Court.
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66 fail. While Scalia‘s nomination, in itself, was not very controversial, because he was linked with Rehnquist‘s elevation, his nomination gained much more media atten tion than it probably would have otherwise. The New York Times noted that Scalia was ―largely unknown to the general public‖ and that during his confirmation hearings he was ―overly cautious in his efforts to avoid expressing a view on any issue that migh t come before‖ the Court. While the Senate Judiciary Committee was rarely mentioned in articles for justices in the pre-1930 group, the Committee was mentioned in almost every article among the post-1930 group, especially in the latter half of the group. In some articles, the work the Committee, and hearing in particular, were supported as a necessary and important part of the confirmation process. In the overwhelming number of instances, though, hearings were seen as detrimental to the process at most and useless at least. During the confirmation of Vinson, the New York Times stated that ―Confirmation hearings in the Senate would result in a great further loss of United State Supreme Court prestige,‖ which was already steadily declining prior to Vinson‘s nomination. During Minton‘s confirmation, a Michigan Senator ―said he did not know of current objection to Judge Minton [but] considered [that] full hearings should be conducted to ascertain the nominee‘s ‗legal ability and background‘‖ anyway. Potte r Stewart, a recess appointment in 1958, ―came under a barrage of crucial questions from Southern Senators‖ during his hearings. In the 1800s, it was not unusual for the Senate to act on a nomination within days of receiving it from the President. By 196 2, ―the custom of the Senate Judiciary Committee […] to wait at least a week before holding a hearing on any judicial nominee‖ replaced that former quick action.
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67 Committee hearings are difficult for the Senators who conduct them, as well as for the nominee . Antonin Scalia‘s hearings were considerably less brutal than they otherwise would have been because the Committee held hearings on Rehnquist immediately prior to Scalia‘s nomination. By the time the Senators began hearings on Scalia, they ―seemed worn out and distracted,‖ and the Committee was ―divided, doubtful, and tired.‖ Although nominees do not have to answer every question asked of them, Senators will ask just about everything. For example, Anthony Kennedy was asked ―whether he had ever smoked m arijuana ,‖ 38 to which he answered, saying ―‗No, firmly no.‖ Clearly, no questions are off limits. Of all the mentions of Committee hearings, only one, that of Burger, was described as ―friendly.‖
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