Supreme Court Flashcards
Which justice came close to impeachment?
Justice Abe Fortas resigned from the Supreme Court in 1968 rather than face impeachment
What are the arguments that the Supreme Court is independent?
- number of Justices has not changed since 1869
- separation of powers
- protected salaries
- appointed for life
- some go on to ‘disappoint’ their political patrons who initially nominated/voted for them
-American Bar Association is an interest group made up of professional lawyers. They rate potential nominees based on their suitability for the role with all political bias aside
What are the arguments that the supreme court is not independent?
- congress could change the size of the court to increase the number of justices allied with the government
- Impeachment process could be used as a political weapon (weak argument given supermajority needed)
- they have no means of enforcing the rulings
- The ABA’s neutrality has come into question
- all nominations are made by the president and are confirmed by a simple majority in the senate - elected politicians are at the heart of choosing the composition of the court
What’s an example of the Supreme Court being unable to enforce their rulings?
After Brown V Board of education, which looked to enforce desegregation in the south. Local militia tried to stop black people entering school and it was only Eisenhower’s federal troops that allowed them to go in
Which two cases ‘ found’ judicial review?
Marbury V Madison 1803 - first ruling of an act of Congress being unconstitutional
Fletcher V Peck 1810 - first time of declaring a state law as unconstitutional
What was the case of Bush V Gore 2000?
The court ruled that the manual recount scheme devised by the Florida State Supreme Court was unconstitutional. Because of time deadlines in counting the vote, the court was effectively handing the election to Bush
Example of vacancy becoming free because of death?
Ruth Bader Ginsburg died in September 2020
Which judges may have been seen as disappointments to the people who nominated them?
- Eisenhower (Republican) would have seen Earl Warren as a disappointment after making many progressive rulings such as Brown V Board of education
- Nixon appointee, Justice Harry Blackmun, started off conservative but was the court’s most liberal member by the time he retired
- Similarly, Chief Justice Roberts may be seen as a disappointment by Bush who has taken some progressive stances and is now the most centrist justice. He chose to uphold the Affordable Care Act in NFIB V Sebelius
Who is the previous swing justice and who is now the swing justice?
Antony Kennedy who retired in 2018, followed by Chief justice Roberts
Example of a nomination which has been rejected by the senate?
This is also a clear check of the Senate on the President.
Robert Bork - made by Reagan for being too Conservative and too closely associated with the Watergate Scandal
What are the strengths of the judicial appointment process?
- Intense background checks
- Public hearings contribute to scrutiny
- senate confirmation is a clear check of the power on the president
- appointments can rule however they want once in court
- ABA gives ratings to have with the process
What’s an example of a recent ABA rating which hasn’t been ‘well qualified’?
Clarence Thomas rated qualified - whether this is to do with race is questioned
What’s an example of intense background checks?
Senate vote on Brett Kavanaugh was delayed until an FBI investigation had reported on sexual assault allegations against him. The FBI found no evidence to merit further delay
Example of public hearing contributing to intense scrutiny?
The answers of Harriet Miers in 2005 in the pre-hearing questionnaire were described as incomplete and insulting. When she was asked to re-do it, she withdrew from the process
Arguments that the appointments process is ineffective?
- highly politicised
-media circus - professional interest groups have their own personal bias
- Senate Judiciary committee is highly politicised. The opposition is often aggressive and personal whereas the President’s party barely scrutinise at all - Nominations are abused in the process
Example of the Senate Judiciary being over politicised?
Rather than focus on Clarence Thomas’s experience, they focused on allegations of sexual misconduct. He was then voted 7-7 in the committee and 52-48 in the Senate. He then spoke out about how gruelling the appointments process had been
What’s an example of the judicial appointments being made into a media circus?
Kavanaugh saw vast sums of spending from supporting and opposing groups: Demand Justice spent at least $1.1m on adds opposing him while Judicial Crisis Network spent at least $3.9m in favour of his confirmation
