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INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type o f computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely afreet reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI A Bell & Howell Infonnation Company 300 North Zeeb Road, Ann Arbor MI 48106-1346 USA 313/761-4700 800/521-0600 UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE WARRING FACTIONS: SENATORS, NOMINEES, AND INTEREST GROUPS IN THE SENATE CONFIRMATION PROCESS A Dissertation SUBMITTED TO THE GRADUATE FACULTY In partial fulfillment of the requirements for the Degree of Doctor of Philosophy By LAUREN MICHELLE COHEN Norman, Oklahoma 1999 ÜMI Number: 9929555 UMI Microform 9929555 Copyright 1999, by UMI Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. UMI 300 North Zeeb Road Ann Arbor, MI 48103 © Copyright by LAUREN MICHELLE COHEN 1999 All Rights Reserved. WARRING FACTIONS: SENATORS, NOMINEES, AND INTEREST GROUPS IN THE SENATE CONFIRMATION PROCESS A Dissertation APPROVED FOR THE DEPARTMENT OF POLITICAL SCIENCE BY Acknowledgements This project could not have been completed without the assistance o f support of many people: I am indebted to Dr. Gary Copeland, who served as a mentor and friend over the five years of my graduate study at the University of Oklahoma’s Carl Albert Center. Although we did not always agree, his guidance has helped immeasurably to shape my views of political science, scholarship, and the value o f teaching. Without his help, this project truly could never have been completed. To that end, I also owe an enormous debt of thanks and gratitude to the faculty members who gave generously of their time to serve on my general examination and dissertation committees: Dr. Ronald Peters, Dr. David Morgan, Dr. Cindy Rosenthal, Dr. Jill Irvine, Dr. Keith Caddie, Dr. Wilbur Scott of the University of Oklahoma’s Department of Sociology, Dr. Lynda Kaid of the University of Oklahoma’s Department of Communication, Dr. Sally Coleman Selden, now at Syracuse University’s Maxwell School, and Dr. Paul Kramer, now at Moorhead State University. Their advice and support was the foundation of my successful completion of my doctoral degree. I will also forever be grateful to the wonderful group of individuals that I came to call fiends while at the University of Oklahoma. To Lesli McCollum, Jon and Kim Mott, Craig Williams, Kellye Walker, LaDonna Sullivan, Angela Rogers, Jocelyn Jones, Paula Long, Donna Hoffinan, Debra St. John, Gary Gooch, John and Judy Van Doom, and all my other graduate student colleagues, thank you for your friendship, your guidance, and your support. I can only hope to have offered you the same of myself during the time we have known each other. I am blessed to have a wonderful and supportive family, which has always stood by me. I truly could not have finished this project, or my doctorate, without them. My parents - Amie and Celeste Cohen and Fran Collins — all have supported my IV endeavors to reach new heights of scholarship, and I owe my strong beliefs in the importance of education and learning to their examples. I am also lucky to have a sister. Faith Cohen, who I hope realizes that I support her attempts to achieve her dreams as much as I have felt her support to reach my own goals. I am also gratefiil for the financial support of the Carl Albert Center and the University of Oklahoma’s Political Science Department. In addition, the support of the American Political Science Association’s Congressional Fellowship Program, especially Jeff Biggs, and the staff members of United States Senators Edward M. Kennedy and Patrick J. Leahy, especially Melody Barnes, Angela Williams, Dena Graziano, Michael Myers, Bruce Cohen, Mary DeOreo, and Michael Carrasco, made much of the research on this project possible. Thanks also to the interview subjects who gave of their time to make this project better. Among interviewees, I especially appreciate the generosity of Judge Michael Schattman and his wife Mary Ellen Schattman, who were kind enough not only to share with me the extensive files they had collected, but who also opened their home to me for several days during the course of my research. This project is dedicated with love to John Bell, one of the greatest individuals I have ever been lucky enough to meet. His strong support for me is matched only by the strength of his own character. Everyone should be lucky enough to know someone like him. TABLE OF CONTENTS LIST OF T A B L E S.......................................................................................................................................IX ABSTRACT...................................................................................................................................................XI INTRODUCTION: THE CONFIRMATION PROCESS FALLS APART..................................1 THE CHANGED NATURE OF THE SENATE CONFIRMATION PROCESS..........................3 INTERESTS GROUPS AND THE CONFIRMATION PROCESS.............................................7 BACKGROUND.....................................................................................................................13 DEFINITIONS........................................................................................................................17 ORGANIZATION OF THE DISSERTATION........................................................................ 20 CHAPTER ONE: THE CONTEMPORARY CONFIRMATION PROCESS..........................23 HOW THE CONFIRMATION PROCESS WORKS.................................................................26 CONCLUSION....................................................................................................................... 38 CHAPTER TWO: HOW AND WHY THE CONFIRMATION PROCESS CHANGED.... 41 HOW THE CONFIRMATION PROCESS CHANGED........................................................... 46 WHY THE CONFIRMATION PROCESS CHANGED............................................................ 67 CHAPTER THREE: INTEREST GROUPS. AMERICAN POLITICS. AND THE EXECUTIVE CALENDAR.......................................................................................................................84 BACKGROUND.....................................................................................................................85 WHY INTEREST GROUPS PARTICIPATE IN THE CONFIRMATION PROCESS...............88 VI INTEREST GROUPS AS STRATEGIC ACTORS...................................................................94 TOOLS AND TECHNIQUES OF INTEREST GROUP PARTICIPATION............................. 97 THE CONSEQUENCES OF INTEREST GROUP PARTICIPATION....................................113 CONCLUSION......................................................................................................................US CHAPTER FOUR: GROUP DYNAMICS AND THE SENATE CONFIRMATION PROCESS - THE CASE OF THE FEDERAL JUDICIARY.............................................118 BACKGROUND.................................................................................................................... 121 INTEREST GROUPS AND JUDICIAL CONFIRMATIONS.................................................131 AN ANALYSIS OF INTEREST GROUP PARTICIPATION.................................................136 CONCLUSION......................................................................................................................161 CHAPTER FIVE: FROM THE BENCH TO THE CABINET. AND BEYOND................166 CABINET SECRETARIES-DESIGNATE..............................................................................168 AMBASSADORS.................................................................................................................. 185 CONCLUSION......................................................................................................................195 CHAPTER SIX: LOOKING TO THE FUTURE: INTEREST GROUP PARTICIPATTON AND THE CONFIRMATION PROCESS...........................................................................198 WHY INTEREST GROUPS?................................................................................................ 200 INTEREST GROUPS' TACTICS AND STRATEGIES.......................................................... 203 WHY SENATORS LISTEN...................................................................................................207 CONFIRMATION