The appointmeny and confirmation process of the supreme court Flashcards
What are the 4 stages?
The vacancy
The search and pools of recruitment
The announcement
The confirmation process
What is stage 1- the vacancy?
The president must wait for a vacancy to occur
Since 1789 it’s been every 2 years
-Judges experience life tenure
-Some only last as long as presidents
-But most outlive presidents e.g. Justice William Rennquiet in 1972 applied by Nixon but left court after death 11yrs after Nixon
-Obama and Bush 2 appointments in 8 urs carter made none
Stage 2- the search and pools of recruitment?
President can search for candidates
Asks advisors for nominees and will notice arvisers for nominee for key advisors or members of congress
-Democrate presidents seek advise from the American bar association
-Most likely pools of recruitment is federal court of appeal through the court
-All but Elana Kagen recruited from court
-Republicans look at federalist society to find right wing judges
-If a vacancy is anticipated might have been searching for some time
Stage 3- the announcement?
Once a shortlist is made, fbi investigation are conducted on nomineeed and president interviews 2/3
When decided on a nominee the president makes a foreign announcement at a formal event attended by congress and executive branch
-Follows an ABA rating where nominees are given 3 ratings ‘well qualified’ ‘qualified’ or ‘not qualified’
Clarance Thomas labelled as not qualified
Stage 4- what is the confirmation process?
-At capitol hill the no mine has to appear before the senete judiciary committee
this included nominees supporters and critics of nominee
-If the nominee goes badly they may withdrawn or may be halt e by the president to reduce chances or defeats in the senet floor e.g. Harriet Myers
-Hearings concluded on a committee vote in order to decide senete decision
Example of confirmation process failing?
7-7 on Clarence Thomas
Ruth Radster Ginsburg 6-3 in senete
Summary of the appointments process?
Nominated by the president and then appointed by the senate-
Senate do a judiciary committee hearing then a vote
How can some say the president politicises the court?
President looks to appoint a judge with similar view points
How can some say the senate politicises the court?
Asks political questions to the appointees about issues e.g. opinions on abortion or same sex marriage
Appointment process- Robert Bork?
The senate voted against him
Appointment process- Harriet Mires?
George Bush pulled her from the appointment process as she was going to loose as she wasn’t ‘conservative enough’
Appointment process- Clarence Thomas?
Only judge that was labelled ‘qualified/not qualified’
This was because he wasn’t experienced with defending against the supreme court
Appointment process- Brett Kavanaugh?
52 to 48 senate vote due to his sexual assault allegations
A partisan vote ‘seek and destroy’
Appointment process- Neil Gorsuch (Merrik Garland)
Republican senate refused to vote for Garland due to it being the year of election for Obama
So then they allowed Trump to appoint Gorsuch
Who are the 9 supreme court judges?
Chief Justice John G. Roberts- nominated by George W. Bush
Clarence Thomas- nominated by president Bush
Neil Gorsuch- nominated by Trump
Amy Coney Barret- nominated by Trump
Brett Kavanaugh- nominated by Trump
Samuel Alito- nominated by George W. Bush
Elena Kagan- nominated by Obama
Sonia Sotomayor- nominated by Obama
Ketanji Brown Jackson- nominated by Joe Biden
