SC: Political v Judicial Flashcards
who are justices nominated by?
president
who are justices reviewed by? what happens?
- reviewed by senate judiciary committee
- hearing then a vote
what kind of justices will pres nominate?
justices sympathetic to their agenda
how is there a huge media presence on appointment process?
it is broadcasted live
for the final 4 days of examination of Sotomayor, how many words did senators say compared to Sotomayor? what does this show?
- senators 66% v Sotomayor 34%
- not really scrutinising and reviewing nominee adequately
what was Kavanaugh covered in?
allegations sexual misconduct
how did allegations of sexual misconduct against Kavanaugh culminate?
sjc held senator vote for 1 week to allow for FBI investigation
what was the result of the vote for kavanaugh?
- 51-49
- only 1 democrat for and 1 republican against
what does the kavanaugh example demonstrate?
court is politicised as senators vote strictly on party line, rather than on merits of judicial ability and qualifications
what are judges majorly limited once on the court?
constitution
why does constitution restrict judges?
judges rule against their own stated preferences, as they can only rule according to what it says in the constitution
what does the constitution restrict judges from doing?
applying judicial activism
how did constitution restrict judges in NFIB v Sebelius (2012)
chief justice Roberts voted for upholding Obamacare, due to what it said in constitution, even though politically, he disagreed with Obamacare
how does the example show consti restricting judges?
- judges have to rule according to it, even if they personally disagree with it
- prevents judicial activism
since when has the appointment process become increasingly politicised?
- appointment of Samuel Alito
- Bush broke precedent by replacing a liberal justice with a conservative justice
