SC appointment process Flashcards
Outline the five main steps of the SC appointment process
- Vacancy occurs
- President instigates a search for possible nominees and interviews candidates
- President announces their nominee
- The Senate Judiciary Committee holds a confirmation hearing and makes a recommendary vote
- The nomination is debated and voted on by the senate in full. With a simple majority being required for confirmation
Why was Trump such a lucky president in this regard?
Because he was able to appoint 3 SC justices, a third of the total, in just one term
How was Jimmy Carter an unlucky president in this regard?
Because he didn’t get to appoint any SC justices
How many appointments can a president expect to make over a 4 year term when considering averages since 1789?
2
Give an example of a vacancy occuring due to death?
Ruth Bader Ginsburg in 2020
Give an example of a vacancy occuring due to retirement
Anthony Kennedy in 2018
Why do president regard these as the most important appointments they make?
Because the position is for life and because SC justices are granted important quasi legislative powers due to JR
How is the lifetime nature of SC appointments different to other appointments a president will make?
Because most appointees, like cabinet members, will be replaced when the next administration takes power
Why is the SC often referred to as an echo chamber (different to the usual definition)
Because the influence of previous presidents who no longer hold office can still be felt decades later due to the nature of lifetime appointments
Who will the president seek advice from when looking for candidates?
Senior WH aides and top officials in the Justice Department
Who will suggests names to a president when a vacancy appears?
Key members of congress from the president’s party
What kinds of groups are playing an increasing role in suggesting names to the president?
Lawyers’ groups
Give an example of a conservative lawyers’ group?
The Federalist Society
Give an example of a progressive lawyers’ group
The American Constitution Society
Why is the formal announcement of a nominee important?
Because it is an important promotional opportunity for the president, with the nominee and their family often being invited to the WH and introduced to the media and public
Where does the focus shift to once the nominee has been announced?
To Capitol Hill for confirmation
What body does the nominee appear before first in the confirmation process?
The Senate Judiciary Committee
What kind of witnesses will be present at hearings about the nominee?
Both supporters and critics. They might be people with close knowledge of the nominee or representatives of interest groups that support or oppose the nomination
What does the Senate Judiciary Committee do after the hearings?
Produces a recommendary vote on whether the confirmation process should go further
Why is the recommendary vote given by the Senate Judiciary Committee important?
Because it is a pointer to the likely decision when the full senate votes. When the 1991 comittee were 7-7 on the nomination of Clarence Thomas, it was clear it would be a fight on the senate floor
What will happen after the Senate Judiciary Committee has given its recommendary vote?
A formal confirmation vote is taken by the whole senate
Why has the confirmation process become easier since 2017?
Because the threat of a filibuster, which requires 60 votes to overcome, was removed, meaning that confirmation now only requires a simple majority
