Supreme ChoiceSupreme Choice

Process & Process & Politics of Politics of

PresidentialPresidential

Nominations Nominations

to the to the

Supreme CourtSupreme Court

Political Cartoon APolitical Cartoon ATitle: The Supreme Court Location

Mike Keefe, The Denver Post, Oct. 6, 2004http://cagle.slate.msn.com/politicalcartoons/

Political Cartoon BPolitical Cartoon BTitle: Bush on Dred Scott

Monte Wolverton, Cagle Cartoons, Oct. 10, 2004http://cagle.slate.msn.com/politicalcartoons/

Political Cartoon CPolitical Cartoon CTitle: Supreme Court - 31 Flavors

Robert Ariail, The State, Aug. 10, 2005http://cagle.slate.msn.com/politicalcartoons/

Political Cartoon DPolitical Cartoon DTitle: The Confirmation Process

Mike Thompson, The Detroit Free Press, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/

Political Cartoon EPolitical Cartoon ETitle: Go My Pretties!

Henry Payne, The Detroit News, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/

Political Cartoon FPolitical Cartoon FTitle: Supreme Court Exam

Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/

Factors That Influence Factors That Influence Supreme Court NominationsSupreme Court NominationsFactors That Influence Factors That Influence Supreme Court NominationsSupreme Court Nominations

Factors That Influence Factors That Influence Supreme Court Supreme Court NominationsNominations

Party affiliation (80% Party affiliation (80% or higher)or higher)

Judicial PhilosophyJudicial Philosophy ““Litmus Test” - where Litmus Test” - where

nominees stand on nominees stand on controversial issues controversial issues like abortionlike abortion

Background of Background of nominee (education, nominee (education, experience, race, experience, race, gender, ethnicity, etc.)gender, ethnicity, etc.)

Cultivating political Cultivating political supportsupport

Political favorsPolitical favors Interest group inputInterest group input American Bar American Bar

Association Association certificationcertification

Securing a “safe” Securing a “safe” nomineenominee

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

Court JusticesCourt 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….”

The U.S. Constitution The U.S. Constitution and the Supreme Courtand 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…”

The Constitution & the Supreme The Constitution & the Supreme Court:Court:

Questions for DiscussionQuestions for Discussion

The Constitution & the Supreme The Constitution & the Supreme Court:Court:

Questions for DiscussionQuestions for Discussion1. Identify the constitutional requirements for

appointing Supreme Court Justices.

2. Discuss the purpose and significance of federal judges servings life terms.

3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?

1. Identify the constitutional requirements for appointing Supreme Court Justices.

2. Discuss the purpose and significance of federal judges servings life terms.

3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?

U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessStage 1: Presidential

Nomination

Stage 2: Senate Judiciary Committee Hearing

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Stage 3: Full Senate Vote

WHITE HOUSEREVIEW

Certification

MEDIAInfluence

FBIInvestigation

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INTERESTGROUPInfluence

Stage 4: Oath of Office?

U.S. Supreme Court Confirmation Process

1. White House staff reviews candidates and submits a short list to the president

2. FBI background investigation

3. Candidates submit financial disclosure forms

4. ABA grades candidates

5. Interest groups weigh in on candidates

6. President selects nominee

Stage 1 Presidential Nomination

U.S. Supreme Court Confirmation Process

1. Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation)

2. Interest groups may conduct campaigns for or against nominee (including TV ads)

3. Intense media attention to Senate hearings

4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc.

5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

Stage 2 Senate Judiciary Committee Hearings

U.S. Supreme Court Confirmation Process

1. Floor debate on nominee

2. Confirmation vote by full Senate

Stage 3 Full Senate Vote

U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation Process

1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice

2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated

1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice

2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated

Stage 4Oath of Office

independentjudiciary