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Among all the responsibilities of a United States Senator, none is more important than the duty to participate in the process of selecting judges and justices to serve on the federal courts. While this duty is typically discharged routinely and in some degree of obscurity, the Senate's deliberations on President Reagan's nominations to the federal bench attracted a great deal of public attention during the Ninety-Ninth Congress. The issue before the Senate in each case is never simply whether or not to confirm a particular nomination. Instead, the debate always implicates a far broader question: what is the role of the Senate in the crucial but little understood process that we refer to by the constitutional shorthand of "advice and consent"? The Senate's duty in this sphere is extraordinary. Most other senatorial decisions are subject to revision, either by the Congress itself or by the executive branch. Statutes can be amended, budgets rewritten, appropriations deferred or rescinded. But a judicial confirmation is different. When the framers of the Constitution decided that federal judges "shall hold their offices during good Behaviour," and may be removed only by the rarely utilized process of impeachment, they guaranteed respect for the principle of judicial independence. Their decision also meant, however, that the vote to confirm a judicial nominee must express the Senate's confidence in the nominee's ability to decide the burning legal controversies not only of

Advice and Consent: The Role of the United States Senate in the Judicial Selection Process