What is Senatorial Courtesy?
Senatorial courtesy is a long-standing tradition in the United States Senate where senators from a nominee’s home state are given the opportunity to review and potentially block a presidential appointment within their state. This courtesy is not a formal rule or law, but rather a tradition based on mutual respect among senators.
How Does Senatorial Courtesy Work?
When a president nominates an individual for a federal appointment, especially for positions such as federal judgeships or U.S. attorneys, senators from the nominee’s home state are typically consulted before the nomination is officially submitted for confirmation. The senators have the opportunity to voice any concerns or objections they may have about the nominee.
Examples of Senatorial Courtesy
- In 1987, President Ronald Reagan nominated Judge Robert Bork for the Supreme Court. However, senators from Bork’s home state of Delaware, specifically Sen. Joe Biden, raised objections to his nomination, leading to a heated confirmation battle and the eventual rejection of Bork.
- In 2009, President Barack Obama nominated Judge Sonia Sotomayor for the Supreme Court. Sen. Chuck Schumer of New York, Sotomayor’s home state, played a key role in advocating for her confirmation and garnering support from his colleagues.
Case Studies
One notable case of senatorial courtesy in action is the 2017 nomination of Judge Neil Gorsuch to the Supreme Court by President Donald Trump. Sen. Michael Bennet of Colorado, Gorsuch’s home state, was consulted during the nomination process and ultimately voted in favor of Gorsuch’s confirmation.
Statistics
According to a study by the Congressional Research Service, senatorial courtesy has played a role in the confirmation process of federal judges and executive branch nominees throughout U.S. history. While not every nominee blocked by home-state senators, senatorial courtesy remains an important aspect of the confirmation process.
