Supreme Court Flashcards
How does a President decide their nomination?
Their advisors draw up a short list of suitable candidates
Constitution does not specify any qualifications however the last justice to be nominated without a law degree was in 1941 (James F Burns)
Similar political views to the president
In recent years they are overwhelmingly from the Court of Appeals or the Justice Department
What protects the independence of the US supreme court?
Article II of the Constitution
Grants life tenures unless impeached: impeachment is very difficult and has only occurred once, this was Samuel Chase in 1804 however he was found not guilty in 1805
Protected salaries regardless of who is president
Appointment system: two stages to prevent overtly political appointments
Who scrutinises the candidates
The FBI and ABA
What roles does the Senate Judiciary Committee play in the confirmation process?
Spend several days questioning the nominee along with other witnesses called upon to support or oppose the nomination
Appointment process
-Vacancy occurs
-President instigates the search for possible nominees
-President announces nominees
-SJC holds a confirmation mating
-Nomination is debated in the Senate. Needs a simple majority for confirmation. Can be blocked with a flilibuster
Supreme Court being an Echo Chamber
Presidents will appoint justices who are younger to implement their voice into the legal system for longer than their term(s)
e.g. John Rehnquist who was appointed to the SC in 1972 and served until his death in 2005, even though his appointee, Nixon, had left office in 1974
Controversial Nominations
Merrick Garland: Nominated by Obama in 2016. But was never accepted as Republicans held the Senate and did not consider him as an election was coming up
Brett Kavanaugh: Trump’s nomination in 2018 however he was currently being accused of sexual misconduct. Caused protests from both sides with #BackBrett with the conservative women and #Believewomen as the opposition PG’s spent millions on this campaign
