Reply:
John O. McGinnis, A Further Word Against Consensus, 71
TEXAS L. REV. 675 (1993).
Abstract:
In A Further Word, Professor McGinnis responds to
Professors Sunstein and Strauss’s critique of his article
regarding the confirmation process for Supreme Court Justices.
McGinnis’s response centers on his construction of the
Appointments Clause of the Constitution versus that of
Professors Sunstein and Strauss. While McGinnis argues that the
Senate should play a more vigorous role at the prenominational
stage of the nomination process, Sunstein and Strauss argue to
the contrary, their differences turning on interpretation of the
words “advice and consent of the Senate.”