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US Politics > 20.2 - The appointment process of justices > Flashcards

20.2 - The appointment process of justices Flashcards

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1
Q

Chapter 20.2 - The appointment process for Supreme Court justices

A

Appointment process for Supreme Court justices

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2
Q

What are the 5 stages in the appointment process for Supreme Court justices?

A
  1. Vacancy arises
  2. Presidential nomination
  3. ABA rating
  4. Senate judiciary committee hearings
  5. Senate floor vote
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3
Q

What Supreme Court justice died in 2020 and was replaced by Amy Coney Barrett (conservative)?

A

Ruth Bader Ginsburg (liberal)

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4
Q

What Supreme Court Justice retired in 2018 and was replaced by Brett Kavanaugh (conservative)?

A

Anthony Kennedy (conservative)

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5
Q

What Supreme Court Justice retired in 2022 and was replaced by Ketanji Brown (liberal)?

A

Stephen Breyer (liberal)

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6
Q

What did all of Trump’s nominations (Gorsuch, Kavanaugh, Coney Barrett) have in common?

A

They are all conservative

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7
Q

What 3 justices were nominated by Obama?

A
  • Sonia Sotomayor
  • Elena Kagan
  • Merrick Garland
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8
Q

Who did Reagan nominate in 1987 who withdrew his nomination after allegations of smoking marijuana as a student?

A

Douglas Ginsburg

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9
Q

What are the 3 different ratings a judicial nominee can be given by the American Bar Association?

A

‘Unqualified’, ‘qualified’ or ‘well qualified’

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10
Q

Who is the only current justice to not have a ‘well qualified’ rating?

A

Clarence Thomas

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11
Q

What two things made the appointment of Clarence Thomas difficult to be confirmed by the Senate?

A
  • Only a ‘qualified’ rating from the ABA
  • Allegations of sexual harassment
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12
Q

What was Biden the chair of from 1987 to 1997?

A

The Senate Judiciary Committee

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13
Q

What nonprofit organisation said it would spend whatever it takes to get Ketanji Brown’s nomination through the Senate?

A

Demand Justice

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14
Q

What was the Senate judiciary committee vote on the appointment of Brett Kavanaugh in 2018?

A

11-10 in favour of Kavanaugh

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15
Q

What was the Senate judiciary committee vote on the appointment of Ketanji Brown Jackson in 2022?

A

11-11 - all votes on party lines

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16
Q

What was the vote in the Senate on the confirmation of Brett Kavanaugh?

A

50 - 48 for Kavanaugh

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17
Q

How many Senate Democrats voted to confirm Brett Kavanaugh?

A

1 - Joe Manchin

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18
Q

What was the vote in the Senate on the confirmation of Ketanji Brown Jackson?

A

53-47 for Jackson

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19
Q

How many Senate Republicans voted to confirm Ketanji Brown Jackson?

A

3

20
Q

What was the Senate judiciary committee vote on Robert Bork in 1987?

A

Bork was rejected 9-5

21
Q

What was the Senate vote on the confirmation of Robert Bork in 1987?

A

42-58 against Bork

22
Q

Who accused Brett Kavanaugh of sexual assault in September 2018, 2 months after his nomination?

A

Professor Christine Blasey Ford

23
Q

How many protestors were arrested during the Senate Judiciary Committee hearings on Kavanaugh?

A

Over 200

24
Q

What are 4 things a president considers when nominating a justice to the Supreme Court?

A
  • Judicial experience
  • Outgoing justice
  • Demographics of the Court
  • Ideology of the nominee
25
Q

Why was George Bush’s nomination of Harriet Miers in 2005 criticised?

A

She had insufficient judicial experience

26
Q

Who was the first ever Hispanic to sit on the Court?

A

Sonia Sotomayor

27
Q

Who was the first black woman to sit on the Court?

A

Ketanji Brown Jackson

28
Q

What judge was on a list of the right-wing think tank the Heritage Foundation before they were nominated by Trump?

A

Brett Kavanaugh

29
Q

Who are the current conservative justices on the Supreme Court?

A
  • Clarence Thomas
  • Samuel Alito
  • Neil Gorsuch
  • Amy Coney Barrett
  • Brett Kavanaugh
  • John Roberts
30
Q

Who are the current liberal justices on the Supreme Court?

A
  • Sonia Sotomayor
  • Ketanji Brown Jackson
  • Elena Kagan
31
Q

Who is the current swing justice on the Supreme Court?

A

Chief Justice John Roberts

32
Q

Who was the swing justice before John Roberts?

A

Anthony Kennedy

33
Q

What is a conservative justice?

A

A justice more likely to try and achieve rulings which produce a more limited federal government and uphold conservative ideals

34
Q

What is a liberal justice?

A

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

35
Q

What is a loose constructionist?

A

A justice more willing to interpret the wording of the Constitution broadly

36
Q

What is a strict constructionist?

A

A justice who will stick to the wording of the Constitution as the text is written, without interpretation

37
Q

How is judicial restraint different to judicial activism?

A

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

38
Q

What is the belief in Living Constitution?

A

A belief that the Constitution is a living, organic and evolutionary document

39
Q

What is the belief in originalism?

A

A belief that the meaning and interpretation of the US Constitution is set by the original principles of the document

40
Q

What % of cases are decided with a 5-4 vote?

A

20%

41
Q

What is the most common decision in the Supreme Court?

A

9-0

42
Q

How long is the process for nominating Supreme Court justices on average?

A

2-3 months

43
Q

Why was the absence of a judge in 2016 significant?

A

The Court ruled 4-4 in regards to Obama’s DAPA executive order - struck down due to lower court ruling

44
Q

What did Theodore Roosevelt say about Oliver Wendell Holmes Jr. after he voted in a way with which Roosevelt disagreed?

A

‘I could carve out of a banana a judge with more backbone than that’

45
Q

What did Eisenhower refer to his appointment of Chief Justice Earl Warren as?

A

‘The biggest damned-fooled mistake I ever made’

US Politics (46 decks)

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