APPOINTMENTS TO THE SUPREME COUR Flashcards
When do vacancies open for the USSC
Death, retirement or impeachment
Where do nominees for USSC come from and who finds them
Most from federal courts of appeal
Suggestions made by president’s advisers, party and legal experts
What is the appointment process for a USSC justice
Candidates shortlisted
Chosen by president after checks
Nominee stands In front of the senate judiciary committee - then votes - recommendation to senate
Senate then votes - simple majority needed
What happens after USSC nominees are shortlisted
The president interviews the final few candidates he wants
Strength of the nomination of USSC in terms of scrutiny
Detailed scrutiny of every nominee by the white house, FBI, the senate judiciary committee and the media
Lots of opportunity’s for unsuitable candidates to be withdrawn
Strength of the nomination of USSC in terms of senate ratification
Provides a check on the power of the president
Must choose a candidate who will gather enough support to pass through senate
Strength of the nomination of USSC in terms of justices not copying presidents ideology
Justices can be picked to duplicate a presidents idea’s but can sometimes not work
Conservative G.H.W Bush appointed Souter in 1990 but became a liberal member of the court
Weakness of the nomination of USSC in terms of presidents ideas
Justices appointed to duplicate the presidents ideas
Weakness of the nomination of USSC in terms of scrutiny
Scrutiny from presidents party small
Senate judiciary committee appears to be politicised - questioning from opposition often to try embarrass nominees than focus on experience
Voting by senate done on party lines
Weakness of the nomination of USSC in terms of merrick garland
Republican senate didn’t consider garland in 2016 in a violation of the presidents power
then rushed Amy Coney Barrett through in 2020 in the same circumstances
Weakness of the nomination of USSC in terms of filibustering
In 2017 the republican senators made it so you only needed a simple majority for closer to a filibuster
This led Barrett to be the first every USSC judge to not get a single vote from opposition
Weakness of the nomination of USSC in terms of kavanaugh
Kavanaugh faced accusations of sexual assault doing his appointment in 2018
Trump ridiculed the accuser
When senate confirmed Kavanaugh many lost faith in the USSC