20.2 - The appointment process of justices Flashcards
Chapter 20.2 - The appointment process for Supreme Court justices
Appointment process for Supreme Court justices
What are the 5 stages in the appointment process for Supreme Court justices?
- Vacancy arises
- Presidential nomination
- ABA rating
- Senate judiciary committee hearings
- Senate floor vote
What Supreme Court justice died in 2020 and was replaced by Amy Coney Barrett (conservative)?
Ruth Bader Ginsburg (liberal)
What Supreme Court Justice retired in 2018 and was replaced by Brett Kavanaugh (conservative)?
Anthony Kennedy (conservative)
What Supreme Court Justice retired in 2022 and was replaced by Ketanji Brown (liberal)?
Stephen Breyer (liberal)
What did all of Trump’s nominations (Gorsuch, Kavanaugh, Coney Barrett) have in common?
They are all conservative
What 3 justices were nominated by Obama?
- Sonia Sotomayor
- Elena Kagan
- Merrick Garland
Who did Reagan nominate in 1987 who withdrew his nomination after allegations of smoking marijuana as a student?
Douglas Ginsburg
What are the 3 different ratings a judicial nominee can be given by the American Bar Association?
‘Unqualified’, ‘qualified’ or ‘well qualified’
Who is the only current justice to not have a ‘well qualified’ rating?
Clarence Thomas
What two things made the appointment of Clarence Thomas difficult to be confirmed by the Senate?
- Only a ‘qualified’ rating from the ABA
- Allegations of sexual harassment
What was Biden the chair of from 1987 to 1997?
The Senate Judiciary Committee
What nonprofit organisation said it would spend whatever it takes to get Ketanji Brown’s nomination through the Senate?
Demand Justice
What was the Senate judiciary committee vote on the appointment of Brett Kavanaugh in 2018?
11-10 in favour of Kavanaugh
What was the Senate judiciary committee vote on the appointment of Ketanji Brown Jackson in 2022?
11-11 - all votes on party lines
What was the vote in the Senate on the confirmation of Brett Kavanaugh?
50 - 48 for Kavanaugh
How many Senate Democrats voted to confirm Brett Kavanaugh?
1 - Joe Manchin
What was the vote in the Senate on the confirmation of Ketanji Brown Jackson?
53-47 for Jackson
How many Senate Republicans voted to confirm Ketanji Brown Jackson?
3
What was the Senate judiciary committee vote on Robert Bork in 1987?
Bork was rejected 9-5
What was the Senate vote on the confirmation of Robert Bork in 1987?
42-58 against Bork
Who accused Brett Kavanaugh of sexual assault in September 2018, 2 months after his nomination?
Professor Christine Blasey Ford
How many protestors were arrested during the Senate Judiciary Committee hearings on Kavanaugh?
Over 200
What are 4 things a president considers when nominating a justice to the Supreme Court?
- Judicial experience
- Outgoing justice
- Demographics of the Court
- Ideology of the nominee
Why was George Bush’s nomination of Harriet Miers in 2005 criticised?
She had insufficient judicial experience
Who was the first ever Hispanic to sit on the Court?
Sonia Sotomayor
Who was the first black woman to sit on the Court?
Ketanji Brown Jackson
What judge was on a list of the right-wing think tank the Heritage Foundation before they were nominated by Trump?
Brett Kavanaugh
Who are the current conservative justices on the Supreme Court?
- Clarence Thomas
- Samuel Alito
- Neil Gorsuch
- Amy Coney Barrett
- Brett Kavanaugh
- John Roberts
Who are the current liberal justices on the Supreme Court?
- Sonia Sotomayor
- Ketanji Brown Jackson
- Elena Kagan
Who is the current swing justice on the Supreme Court?
Chief Justice John Roberts
Who was the swing justice before John Roberts?
Anthony Kennedy
What is a conservative justice?
A justice more likely to try and achieve rulings which produce a more limited federal government and uphold conservative ideals
What is a liberal justice?
A justice who is more likely to try and achieve rulings which produce greater equality for all, even if that means a larger federal government, and uphold liberal ideals
What is a loose constructionist?
A justice more willing to interpret the wording of the Constitution broadly
What is a strict constructionist?
A justice who will stick to the wording of the Constitution as the text is written, without interpretation
How is judicial restraint different to judicial activism?
Judicial restraint is deferring to the elected branches whereas judicial activism is when justices use their position on the Court to achieve rulings that give desirable social ends
What is the belief in Living Constitution?
A belief that the Constitution is a living, organic and evolutionary document
What is the belief in originalism?
A belief that the meaning and interpretation of the US Constitution is set by the original principles of the document
What % of cases are decided with a 5-4 vote?
20%
What is the most common decision in the Supreme Court?
9-0
How long is the process for nominating Supreme Court justices on average?
2-3 months
Why was the absence of a judge in 2016 significant?
The Court ruled 4-4 in regards to Obama’s DAPA executive order - struck down due to lower court ruling
What did Theodore Roosevelt say about Oliver Wendell Holmes Jr. after he voted in a way with which Roosevelt disagreed?
‘I could carve out of a banana a judge with more backbone than that’
What did Eisenhower refer to his appointment of Chief Justice Earl Warren as?
‘The biggest damned-fooled mistake I ever made’
