The Judiciary Flashcards
Why is the Supreme Court so important?
- only hears cases of constitutional importance
- in charge of interpretation due to vagueness
- reduce conflicts between branches and layers
- have judicial review power
What is judicial review?
- Power granted in 1803 as a result of Marbury vs. Madison
- court can announce something as unconstitutional
- applied to acts of Congress, executive, state and federal bureaucracy actions
How political is the Supreme Court?
- very political
- are superior to laws passed by Congress
- can strike them down
How many sit in the Supreme Court, is it diverse?
- 9
- gender, yes (5-4)
- ethnic minorities, no (6-3)
How are candidates selected?
- Vacancy arises
- Presidents team draw up list of nominees
- If they are a judge, rulings on previous cases are closely scrutinised
- Candidates shortlisted, subject to background checks by FBI, intense (e.g. Anthony Kennedy 1988-2016, FBI interview 10hrs long)
- President interviews candidates
- President chooses nominee
- Goes to Senate Judiciary Committee
- They vote as recommendation, then whole Senate vote
- Simple majority needed to appoint the nominee
What are the qualities the president looks for when choosing a nominee?
- judicial experience
- legal knowledge
- past cases
- personal history
- professional standing
How does the Senate confirm appointments (DETAIL)?
- nominee considered by Judicial Appointment Committee
- lengthy questioning about previous rulings and experience
- witnesses used
- Committee vote as a recommendation (partisan divide in Committee similar to Senate)
- Senate vote
How many votes are needed to confirm a judge in the Senate?
- a simple majority
- 51-49
Describe how filibuster and closure can impact the process of selection:
- filibuster can be ended by a cloture (60 votes)
- Some may not want the judge, and try and kill the vote
- so essentially, 60 votes are needed instead of 50 in the event of the filibuster to prevent an appointment
What has changed since the 1980s regarding appointments?
- process more partisan
E.G. no democrats voted for Amy Coney Barret in 2020 - defeat is rare at Senate stage, only 12 officially rejected
How may the Presidents powers over the Supreme Court be overstated?
- a vacancy must arise
- presidents can’t remove them
- President can’t influence Senate
- Judges don’t always behave as intended
EXAMPLE - Eisenhower described Earl Warren as his ‘biggest damned fool mistake’
- Gorsuch voting to not fire transgender people
- Judges influenced by constitutional and legal factors, not politics
What does the Federalist Society have to say about judges/ judicial appointments?
- believe that judges should “say what the law is, not what it should be”
- are a conservative legal pressure group
- believe professional is dominated by liberals imposing their views on people at the expense of individual freedoms
- they draw up lists of possible judges for Republicans
What are some examples of controversial appointments?
- 1987- Bork rejected from Democrat Senate, seen as too Conservative
- 1991- Clarence Thomas confirmed desire lowest ABA score (52-48)
- 2005- Miers withdrew application as she knew she would never be confirmed (HAD NEVER BEEN A JUDGE)
- 2016- Merrick Garland denied by Republican Senate
- 2020- Amy Coney Barret never sat as a judge before
Why was Merrick Garlands appointment so controversial?
- appointment ‘stolen’ from Obama by Trump
- back then, convention that a sitting President during an election could not appoint a judge
- so Trump appoints Gorsuch immediately after
- In 2020, Trump during election wanted to appoint Amy Coney Barret and Senate said a sitting president could now do this
How many appointments did Trump make in 4yrs?
3
What other Convention was Trump able to override?
- when a justice dies, they should not be replaced by someone completely opposite to their ideological standing
- e.g. Obama nominating Garland after Scalia
- BUT Trump replaced liberal judges with VERY conservative ones
- e.g. Ruth Bader Ginsburg replaced by Amy Coney Barret in 2020
What happens behind the scene when justices make decisions?
- oral questions, witness statements and case details are heard
- briefs on the case
- then closed deliberation with no staff
- sit around large table in order of seniority
- have “real discussion” (Breyer former judge)
- aim for consensus
DEBATE- Is the Supreme Court appointment process for justices fit for purpose?
YES
- detailed scrutiny of every nominee, misdemeanours usually leads to nomination withdrawal
- Senate Judiciary Committee, experts and scrutiny
- Confirmation is a check and balance
- broad ideological range
NO
- President chooses nominees to support their political ideology
- selected on record of issue voting and not always merit
- If the Senate is held by the President’s party, scrutiny may be less effective
- less bipartisanship, and a more ideologically separate court
- Not always as qualified as expected, ACB
- Media intrusive
What percentage of SC cases in the last 2 years were consensus agreements?
- 37%
What percentage shows that there are calls for change?
- 58% of Americans are disappointed with the way the court is handling its job.
Supreme Court Judge Profiles
