US Judicary Flashcards
All Supreme Court Justices
Elena Kagan (Obama), Samuel Alito (Bush), John Roberts (Bush), Sonia Sotomayer (Obama), Clarence Thomas (Bush), Neil Gorsuch (Trump), Brett Kavanaigh (Trump), Amy Barrett (Trump), Ketanji Jackson (Biden)
In the Appoitment process who is advice sought from?
The president’s team - Federalism society (conservative) preserve freedom separation of powers central to constitution
Nominees from Supreme Court can come from
Political advisers, party + legal experts, judges (previous cases will be checked)
When was the last time a Supreme Court justice was impeached
1805, Samuel Chase
Background checks on justices
Short listed then checked by white houses lawyers + FBI, personal + professional life considered, Presidents often interview candidates
Example of Background check
Anthony Kennedy - interviewed by FBI for more than 10 hours they asked about sexual history + treatment of animals
Senate confirmation + hearings
Nominees must be confirmed by senate, considered by stand in senate judiciary committee - televised, witnesses help the committee then committee votes
Examples of senate confirmation
Ruth Bader Ginsburg - unianimos committee vote then 96/3 senate
Clarence Thomas - 7/7 committee, 52/48 senate
What are senators looking for in a justice
Someone who will uphold constitution + traditional values, impartiality, judiciously.
What case invented Judical Review
Marbury V Madison
Diversity on the court
- 5 women ever on court 3 current
- 2 African American
Stare decisis
‘To stand by things decided’
Follow precedent
Landmark ruling
Supreme Court ruling that establishes new legal principle, changes meaning of federal law
Quasi - legislative
Where the court almost has law making powers
Example - Obergerfell v Hodges
Amicus Curiae Brief
Written Submission to the court from an outside party, includes key info revelevant to case