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Aim: How is the Selection of Supreme Court Justices a Political Process

Aim: How is the Selection of Supreme Court Justices a Political Process. Do Now: The Supreme Court is said to be above politics – can this truly be the case?. How Federal Court Judges Are Selected. Often a very political process Judges nominated by president and confirmed by Senate

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Aim: How is the Selection of Supreme Court Justices a Political Process

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  1. Aim: How is the Selection of Supreme Court Justices a Political Process Do Now: The Supreme Court is said to be above politics – can this truly be the case?

  2. How Federal Court Judges Are Selected • Often a very political process • Judges nominated by president and confirmed by Senate • Can reflect the ideological stamp of the president – WHY?

  3. Who Are Federal Judges? • Typically they have held other political offices. • State court judge or prosecutor • Most have been involved in politics • White males tend to dominate

  4. Appointments to the U.S. Supreme Court • Nomination Criteria • Competence • Ideology or Policy Preference • Strict constructionist or loose constructionist? • Liberal or Conservative • Pursuit of Political Support from Various Groups • Litmus Test

  5. The Supreme Court Confirmation Process • Investigation • Lobbying by Interest Groups • Senate Judiciary Committee Hearings • Senate Vote

  6. The Politics of Judicial Selection • President relies on attorney general and DOJ to screen candidates for Supreme Court • 1 out of 5 nominees will not make it. • Filibustering judicial appointments - “nuclear option” prevents filibusters for federal judges and other presidential appointments, EXCEPT SC nominees • Presidents with minority party support in the Senate will have more trouble. • Chief Justice can be chosen from a sitting justice, or a new member.

  7. The Politics of Judicial Selection

  8. How does the Public Influence Justices? • Justices are nominated by the president, but not entirely immune to public opinion • Since the president was elected, his picks will reflect that popular opinion to a degree • Justices are aware of public opinion, and are aware that decisions that flagrantly go against public opinion will not be implemented

  9. The Backgrounds of Judges and Justices • Characteristics: • Generally white males • Lawyers with judicial and often political experience • Other Factors: • Generally of the same party as the appointing president

  10. The Backgrounds of Judges and Justices

  11. Table 10.5

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