weaknesses of supreme court appointments process outweigh weaknesses

Question 1

democratic consent

Answer 1

-president holds mandate from electoral college, biden promised prior to election to nominate a black women to the supreme court reflecting many voters’ desire for increased diversity in the judiciary
-also, senators are elected in state wide elections and their confirmation vote reflects the will of their constituents

Question 2

democratic consent evaluation

Answer 2

Democratic input into the Supreme Court nominations process can be questioned on a number of grounds. First, presidents prioritise their own election
chances, or legacy, when nominating justices to the Court. For example, Joe Biden and Barack Obama both promised to appoint a woman to the Supreme Court –
primarily for electoral purposes and to energise the Democratic Party’s voter base. Later, Trump promised to appoint ‘pro-life’ justices to motivate Evangelical
Christians to support his campaigns. All three presidents considered factors other than judicial experience, which advocates of a British style system (where judges
appoint judges, free from political interference) would have serious concerns about. In the Senate, there are also political considerations too. As “single minded
seekers of re-election”, Democrats can never be seen to endorse a ‘pro-life’ justice regardless of their judicial credentials. And the same applies to Republicans, who
are unlikely to support well-qualified judges that may have an interpretation of the 2nd Amendment that clashes with that of the NRA.