SC appointment process

Question 1

Outline the five main steps of the SC appointment process

Answer 1

• 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

Question 2

Why was Trump such a lucky president in this regard?

Answer 2

Because he was able to appoint 3 SC justices, a third of the total, in just one term

Question 3

How was Jimmy Carter an unlucky president in this regard?

Answer 3

Because he didn’t get to appoint any SC justices

Question 4

How many appointments can a president expect to make over a 4 year term when considering averages since 1789?

Answer 4

2

Question 5

Give an example of a vacancy occuring due to death?

Answer 5

Ruth Bader Ginsburg in 2020

Question 6

Give an example of a vacancy occuring due to retirement

Answer 6

Anthony Kennedy in 2018

Question 7

Why do president regard these as the most important appointments they make?

Answer 7

Because the position is for life and because SC justices are granted important quasi legislative powers due to JR

Question 8

How is the lifetime nature of SC appointments different to other appointments a president will make?

Answer 8

Because most appointees, like cabinet members, will be replaced when the next administration takes power

Question 9

Why is the SC often referred to as an echo chamber (different to the usual definition)

Answer 9

Because the influence of previous presidents who no longer hold office can still be felt decades later due to the nature of lifetime appointments

Question 10

Who will the president seek advice from when looking for candidates?

Answer 10

Senior WH aides and top officials in the Justice Department

Question 11

Who will suggests names to a president when a vacancy appears?

Answer 11

Key members of congress from the president’s party

Question 12

What kinds of groups are playing an increasing role in suggesting names to the president?

Answer 12

Lawyers’ groups

Question 13

Give an example of a conservative lawyers’ group?

Answer 13

The Federalist Society

Question 14

Give an example of a progressive lawyers’ group

Answer 14

The American Constitution Society

Question 15

Why is the formal announcement of a nominee important?

Answer 15

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

Question 16

Where does the focus shift to once the nominee has been announced?

Answer 16

To Capitol Hill for confirmation

Question 17

What body does the nominee appear before first in the confirmation process?

Answer 17

The Senate Judiciary Committee

Question 18

What kind of witnesses will be present at hearings about the nominee?

Answer 18

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

Question 19

What does the Senate Judiciary Committee do after the hearings?

Answer 19

Produces a recommendary vote on whether the confirmation process should go further

Question 20

Why is the recommendary vote given by the Senate Judiciary Committee important?

Answer 20

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

Question 21

What will happen after the Senate Judiciary Committee has given its recommendary vote?

Answer 21

A formal confirmation vote is taken by the whole senate

Question 22

Why has the confirmation process become easier since 2017?

Answer 22

Because the threat of a filibuster, which requires 60 votes to overcome, was removed, meaning that confirmation now only requires a simple majority