Supreme Choice

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Supreme Choice

• Process Politics of Presidential
• Nominations
• to the
• Supreme Court

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Political Cartoon ATitle The Supreme Court
Location
Mike Keefe, The Denver Post, Oct. 6,
2004 http//cagle.slate.msn.com/politicalcartoons/
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Political Cartoon BTitle Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10,
2004 http//cagle.slate.msn.com/politicalcartoons/
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Political Cartoon CTitle Supreme Court - 31
Flavors
Robert Ariail, The State, Aug. 10,
2005 http//cagle.slate.msn.com/politicalcartoons/

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Political Cartoon DTitle The Confirmation
Process
Mike Thompson, The Detroit Free Press, Aug. 11,
2005 http//cagle.slate.msn.com/politicalcartoons/

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Political Cartoon ETitle Go My Pretties!
Henry Payne, The Detroit News, Aug. 11,
2005 http//cagle.slate.msn.com/politicalcartoons/

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Political Cartoon FTitle Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug.
11, 2005 http//cagle.slate.msn.com/politicalcarto
ons/
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Factors That Influence Supreme Court Nominations
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Factors That Influence Supreme Court Nominations

• Party affiliation (80 or higher)
• Judicial Philosophy
• Litmus Test - where nominees stand on
  controversial issues like abortion
• Background of nominee (education, experience,
  race, gender, ethnicity, etc.)

• Cultivating political support
• Political favors
• Interest group input
• American Bar Association certification
• Securing a safe nominee

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The U.S. Constitution and the Appointment of
Supreme Court Justices

• Article II, Section 2 describes the appointment
  powers of the President
• He shall have Power, by and with the Advice
  and Consent of the Senate to nominate Judges of
  the Supreme Court.

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The U.S. Constitution and the Supreme Court

• Article III describes the judicial power of the
  Supreme Court
• The judicial Power of the United States, shall
  be vested in one supreme Court, and in such
  inferior Courts as the Congress May establish.
  The Judges, both of the supreme and inferior
  Courts, shall hold their Offices during good
  Behavior

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The Constitution the Supreme CourtQuestions
for Discussion

• Identify the constitutional requirements for
  appointing Supreme Court Justices.
• Discuss the purpose and significance of federal
  judges servings life terms.
• How do these constitutional provisions promote
  checks and balances of the three branches of the
  federal government?

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U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearing
Stage 3 Full Senate Vote
Stage 4 Oath of Office?
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U.S. Supreme Court Confirmation Process

• White House staff reviews candidates and submits
  a short list to the president
• FBI background investigation
• Candidates submit financial disclosure forms
• ABA grades candidates
• Interest groups weigh in on candidates
• President selects nominee

Stage 1 Presidential Nomination
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U.S. Supreme Court Confirmation Process

• Senate Judiciary members and their staffs review
  candidates background (may conduct own
  investigation)
• Interest groups may conduct campaigns for or
  against nominee (including TV ads)
• Intense media attention to Senate hearings
• Senate Judiciary Committee questions candidate on
  judicial philosophy, stands on key issues, etc.
• Judiciary Committee votes up or down on nominee
  and sends recommendation to full Senate

Stage 2 Senate Judiciary Committee Hearings
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U.S. Supreme Court Confirmation Process
Stage 3 Full Senate Vote

• Floor debate on nominee
• Confirmation vote by full Senate

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U.S. Supreme Court Confirmation Process
Stage 4 Oath of Office

• If confirmed by the Senate, nominee sworn in,
  usually by Chief Justice
• Once on the Court, justices often make decisions
  on the bench very different from what the
  nominating President had anticipated

independent judiciary