Supreme Court - Appointment Process

Question 1

Current composition and types of justice interpretation of const.

Answer 1

• 6 GOP, 3 DEM.
• Constructionist - take the literal meaning of constitution. Pro state power
• Loose Constructionist - Government has slightly more power over the constitution. You have to translate it to today.
• Orgininalist - This is what it says, (amy, gorsuch, kav, thomas) Uphold precedent

Question 2

The process

Answer 2

• Vacancy occurs - Via death or retirement (RBG 2020)
• Presidential Nomination - Will be shared ideology. Trump nom and conf Gorsuch 2017
• ABA Rating - Rated Not qualified, qualified or well qualified. Independent. Clarence Thomas and kavanaugh qualified, not well
• Senate Judiciary Committee - Interviewing candidate, heavily biassed, Justice Jacksons appointment hearing “sound bites and irrelevant questions” compared to Barret
• Full senate vote - Simple majority. Gorsuch passed 54-45, RBG 93-6

Question 3

Strengths/Weaknesses of the appointment process

Answer 3

• Ensures independence
• Ensures qualification
• Role of elected branches gives some accountability
• Politicised by the president - Trumps political nominees
• Politics by the senate - Hearings and Questioning Justice Jackson
• Role of the media can sway coverage

Question 4

Judicial ideology

Answer 4

• Liberal justice - Interprets to favour rights and progressive policy
• Conservative justice - Interpertes to favour gov authority/nat sec
• Swing justice -