Justices of the Supreme Court

1. Justices of the Supreme Court

2. Opps! They aren’t the Justices! That’s Mrs. Stephanow and her group at the Supreme Court Summer Institute last June!

3. The REAL Current Justices

4. Chief Justice John Roberts Born: Jan. 27, 1955. Age: 54 Philosophy: Conservative Time served: 4 years. Position: Chief Justice Nominated by: Bush 43 Sworn in: Sep. 29, 2005 Confirmation Vote: 78-22

5. Justice John Paul Stevens Born: April 20, 1920 Age: 89 Philosophy: Liberal Time served: 34 years Position: associate Justice Nominated by: Ford Confirmation Vote: 100-0 Commissioned: December 17, 1975 Sworn in: December 19, 1975

6. Justice Antonin Scalia Born: March 11, 1936 Age: 73 Philosophy: Very Consv. Time served: 23 years Position: associate Justice Nominated by: Reagan Confirmation Vote: 98-0 Commissioned: September 25, 1986 Sworn in: September 26, 1986

7. Justice Anthony Kennedy Born: July 23, 1936 Age: 72 Philosophy: Mod. Consv. Time served: 21 years Position: associate Justice Nominated by: Reagan Confirmation Vote: 100-0 Commissioned: February 11, 1988 Sworn in: February 18, 1988

8. Justice David Souter Born: September 17, 1939 Age: 69 Philosophy: Moderate Liberal Time served: 18 years Position: associate Justice Nominated by: Bush 41 Confirmation Vote: 90-9 Commissioned: October 3, 1990 Sworn in: October 9, 1990

9. Justice Clarence Thomas Born: June 23, 1948 Age: 61 Philosophy: very Consv. Time served: 17 years Position: associate Justice Nominated by: Bush 41 Confirmation Vote: 52-48 Commissioned: October 16, 1991 Sworn in: October 23, 1991

10. Justice Ruth Bader Ginsburg Born: March 15, 1933 Age: 76 Philosophy: very Liberal Time served: 15 years Position: associate Justice Nominated by: Clinton Confirmation Vote: 96-3 Commissioned: August 5, 1993 Sworn in: August 10, 1993

11. Mrs. Stephanow’s group with Justice Ginsberg.

12. Justice Ruth Bader Ginsberg spoke to the group for about 20 minutes.

13. Justice Steven Breyer Born: August 15, 1938 Age: 70 Philosophy: Liberal Time served: 14 years Position: associate Justice Nominated by: Clinton Confirmation Vote: 87-9 Commissioned: August 2, 1994 Sworn in: August 3, 1994

14. Justice Sam Alito

15. Each Justice is assigned to oversee a circuit.

16. Justice Sandra Day O’Connor

17. Justice Thurgood Marshall

18. Advise & Consent Selection of Federal Judges

19. Selecting a nominee • Art. II, Sec. 2, Cl. 2 gives the President power to nominate candidates to fill a vacancy. • White House Office maintains a “short list” • White House Counsel’s Office and Justice Dept. of Legal Counsel formally research candidates. • Speeches, writings, past rulings are strictly examined. • Presidents usually pick someone of their own political philosophy (liberal or conservative.)

20. The nomination • President sends nomination in writing to the Senate. • House of Reps. has no role in this process; only the Senate. Const. says the Senate can “advise & consent.” • Senate Leaders and members of the Judiciary Committee are often consulted in advance of the President naming a nominee. • FBI conducts a very thorough background check.

21. American Bar Assoc. (ABA) Role • For over 50 years, the ABA has evaluated candidates. • No formal/constitutional qualifications for judicial nominees, but a panel of lawyers give the rating of “well qualified,” “qualified,” and “not qualified.” • Non-binding and given to the S. Judiciary Comm. and the Justice Dept.

22. Committee Hearings • Senate Judiciary Committee (18 members) conducts public hearings into the nominee’s background. • Individuals & groups are given a change to voice their support or opposition. • Nominee appears before the committee to answer questions on “hot-button” issues.

23. Senate Sponsor • One Senator will act as a “sponsor” to help the nominee through the process. Will serve as a liaison between the nominee, the White House, and other Senators. • May host a “murder board,” which is a mock-hearing to prepare the nominee for the tough questions coming up.

24. Questioning • Nominees will need to have thought out well, carefully worded answers to anticipated questions. • Most try to stay neutral and will not answer in detail how they might rule on upcoming cases. • Senators have to be clever in how they ask their questions to determine the nominee’s judicial philosophy.

25. Interest Groups • Some do their own background check, evaluation, and rating. • Representatives of these groups may testify before the SJC in the confirmation hearings. • If a nominee has controversial views, these groups will mobilize to either support or oppose them and put pressure on Senators to vote a certain way. • Many run internet blogs to discuss the nominees.

27. Floor Action in the Senate • After the hearings are complete & the SJC has voted for the nominee, it goes to the full Senate (100 members—2 per state.) • Debate takes place and opponents make try to conduct (or at least threaten) to filibuster. • 60 votes are needed to stop a filibuster; called cloture.

28. Vote & Swearing In • Simple majority (51+) is needed for confirmation. • If confirmed, the new justice is sworn in by the Chief Justice of the SCt. • In the case of Robert’s swearing in, CJ Rehnquist was deceased, so the member with the most seniority swore him in—Stevens. Robert’s swearing in.

29. Most important factors in choosing a nominee • 1. Merit • Objectivity, ABA rating, write clearly and sharply, education and scholarship • 2. Ideology • Jurisprudence • 3. Diversity (balancing representation) • Geography (historically) • Religion • 4. Friendship

30. Can the choice of a nominee change the makeup of the Court and the outcome of decisions?

32. Who might retire next? • 1. Justice Ruth Bader Ginsberg • Health issues • 2. Justice John Paul Stevens • Age • 3. Justice David Souter • Word is that he doesn’t enjoy it that much anymore. • If any of these justices retired, would it change the political make up of the court?