The Marginality Hypothesis and Supreme Court Confirmation Votes in the Senate

Studies of Supreme Court confirmations have found that a senator's vote is primarily determined by his or her ideological proximity to a nominee and that nominee's objective qualifications. This literature does not account for the extent to which a senator's electoral safety may enhance or mitigate the effects of ideology or qualifications. We argue that senators from less competitive states are more likely to eschew a nominee's qualifications in favor of their own ideological preferences. By analyzing roll call data on confirmation votes from Byron White to Elena Kagan, we support this argument and add an intriguing new piece to the puzzle underlying the changing dynamics of Senate confirmation voting.