Senate Process, Congressional Politics, and the Thomas Nomination

Extract

“The wrenching testimony of Anita Hill and Clarence Thomas, accuser and accused, constituted a defining moment for the country that will forever change how the U.S. Senate reviews Supreme Court nominees” (Biskupic 1991, 2948). Thus did sober, factual Congressional Quarterly judge the consequences of the Hill-Thomas hearings. Most news accounts were considerably more fervid. Reporters as well as commentators claimed that the hearings demonstrated that the confirmation process is a complete fiasco.

The Hill-Thomas hearings did not expose some fundamental flaw in the process per se. To be sure, a lot of less than admirable behavior and some procedural misjudgments characterized the latter part of the Thomas confirmation hearings. But a situation such as this one will always be difficult for the Senate or any similar body to handle. Structural changes in the process cannot make it easy or painless. Most of the “reforms” proposed would not work or would be counterproductive.

According to a second theme in the media coverage, the hearings demonstrated that senators—at least the ones on the Judiciary Committee—are incompetent, inadequate for their jobs, and out of touch with the American people. To the contrary, I think that both Democrats and Republicans followed strategies that made excellent sense given the political context in which they operated. Incompetence is not the problem.

If the simple process and personnel-based critiques are off base, was the widespread disquiet the hearings generated misplaced? There are reasons for concern but somewhat more subtle ones than those most often raised.