Factors influencing the president's choice of SC nominee Flashcards

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1
Q

What are these four main factors?

A

Social characteristics, political considerations, ideological considerations and judicial ability

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2
Q

Why do presidents only have a small pool to choose from when a vacancy arises?

A

Because there are only a small group of qualified candidates who possess the necessary legal expertise

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3
Q

Why do most SC justices come from the federal court of appeals?

A

Because this is the court below the SC that hears cases before they arrive in the SC, so they have experience working for a federal appellate court

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4
Q

How many of the current SC justices came from the federal court of appeals

A

8

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5
Q

What do presidents deny has a role in their choice of nominations even though they obviously do?

A

Ideological considerations

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6
Q

What kind of justices will presidents nearly always pick?

A

Ones whose political and judicial philosophy reflects their own

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7
Q

How presidents and their legal advisors ensure that potential nominees are ideologically aligned with the president?

A

They will perform a ‘litmus test’ scrutinising their judgement on previous controversial cases

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8
Q

What have become increasingly important factors on a president’s choice of nominee in the modern era

A

Diversity of gender and race

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9
Q

When did the idea of gender equality in the court being essential arise?

A

After Reagan appointed the first even female SC justice in 1981, Sandra Day O’Connor

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10
Q

Give an example of gender being an important factor for the president?

A

Upon the death of Ruth Bader Ginsburg in 2020, Trump announced that she would be replaced by another woman, which she was with Amy Coney Barrett

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11
Q

Give an example of race being an important factor for the president?

A

When Thurgood Marshall, the first black SC justice died in 1991, he was replaced by Clarence Thomas, the second black SC justice

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12
Q

Why are presidents now mindful of including women and ethnic minority candidates?

A
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13
Q

What does a president have to be mindful of when making nominations?

A

The political climate in the senate

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14
Q

What will the senate do when they are opposed by a hostile senate majority?

A

Choose a more moderate, centrist candidate to limit opposition

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15
Q

What kind of justice will a president nominate if they are confident of senate confirmation?

A

A more liberal or conservative justice depending on their political leanings

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16
Q

How was Obama’s appointment of Sotomayor an example of the president being able to make a bolder appointment?

A
  • She was a liberal and a believer in a ‘living constitution’
17
Q

Why was Sotomayor a good appointment from a diversity POV?

A

She was female and the first hispanic SC justice

18
Q

Give the 4 main reasons why SC appointments are so important

A
  • Vacancies occur so rarely
  • Appointments are for life, and nominees are getting younger
  • Appointing 1/9 of the SC, they will only need four others to agree with them for a majority
  • The power of JR is profound and can have a big impact on the lives of Americans
19
Q

Why was 1994-2005 a significant period in relation to the SC?

A

Because there were no vacancies between these years

20
Q

How often do vacancies occur on average?

A

Every two years

21
Q

Give some examples of how nominees have been getting younger

A

Neil Gorsuch was 49 and Amy Coney Barrett was 48