Legislators have long recognized that delaying tactics are powerful tools for preventing the passage of laws they deem unsatisfactory. Because the U.S. Congress has several deadlines built into its session, when committee chairmen or individual members delay the scheduling of hearings, markups, or executive business meetings, it can have a devastating effect on pending legislation. The tactic of delay is now being used by the Senate Judiciary Committee and individual senators to stall confirmation of the President's judicial nominations. Since 1996, the average length of time between an individuals nomination to serve as a federal judge and the time that he or she is confirmed has increased dramatically At the same time, some nominations still proceed very quickly through the confirmation process. This article explores the question of why some nominees are subjected to lengthy delays, while others move through the Senate confirmation process in a matter of days. Specifically, it explores the impact of divided government, institutional strength of the President, and the majority party in the Senate, the position to which an individual has been nominated, and a number of nominee-specific variables to assess the impact that these have on the length of time a nominee will wait for confirmation.
This paper contributes to the growing empirical literature on filibusters by examining the factors that are associated with individual-level filibustering behavior. We focus particularly on the behavior of senators in the latter part of their careers, using impending retirement as analytical leverage to determine whether decisions to engage or not in dilatory parliamentary practices are driven more by narrowly drawn considerations of instrumental utility or by compliance with institutional norms of deference and cooperation. Using data from 1975 to 1993 and employing multivariate models that allow us to control for other relevant factors, we find only limited support for a narrowly rational model of Senate "followership." In the course of our enquiry, we clarify the notion of legislative norms, integrate our study with recent interdisciplinary scholarship on the evolution of cooperative behavior and consider how leadership can be exercised in environments largely bereft of formal leadership resources.
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