appointment and confirmation process

Question 1

what happened with Obama and Merrick Garland

Answer 1

• in the final year of his presidency, Obama nominated Merrick Garland following Scalia’s death
• Senate majority leader, republican, Mitch McConnell refused to allow his appointment process, claiming it was an election year and this is a responsibility of the next president
• so the following year when Trump was elected, he nominated Neil Gorsuch who was approved
• seen as hypocritical and a power grab move by the republicans to shift the court to the right
• because in Trumps final year in his first term, he nominated ACB despite it being 35 days prior to the election

Question 2

senate judiciary committee hearings as part of the confirmation process

Answer 2

• not a constitutional requirement, just a recommendatory vote
• have hearings to question the nominee, and vote at the end of the hearing

Question 3

give an example of a controversial senate judiciary committee hearing

Answer 3

• split 7-7 on whether to recommend Thomas
• Anita Hill, a former colleague, accused him of sexual harassment while they worked together
  Hill testified before the Senate Judiciary Committee, detailing inappropriate comments and behavior from Thomas. The hearings were highly publicized and contentious, with Thomas denying all allegations, calling the process a “high-tech lynching.”
• still appointed 52-48

Question 4

explain the role of the senate on confirming a nominee

Answer 4

• following the 2017 reforms, only a simple majority is needed and can no longer be filibustered

Question 5

example of near unanimous and closer votes

Answer 5

RBG —> 96-3
BK —> 50-48