Factors influencing the president's choice of SC nominee

Question 1

What are these four main factors?

Answer 1

Social characteristics, political considerations, ideological considerations and judicial ability

Question 2

Why do presidents only have a small pool to choose from when a vacancy arises?

Answer 2

Because there are only a small group of qualified candidates who possess the necessary legal expertise

Question 3

Why do most SC justices come from the federal court of appeals?

Answer 3

Because this is the court below the SC that hears cases before they arrive in the SC, so they have experience working for a federal appellate court

Question 4

How many of the current SC justices came from the federal court of appeals

Answer 4

8

Question 5

What do presidents deny has a role in their choice of nominations even though they obviously do?

Answer 5

Ideological considerations

Question 6

What kind of justices will presidents nearly always pick?

Answer 6

Ones whose political and judicial philosophy reflects their own

Question 7

How presidents and their legal advisors ensure that potential nominees are ideologically aligned with the president?

Answer 7

They will perform a ‘litmus test’ scrutinising their judgement on previous controversial cases

Question 8

What have become increasingly important factors on a president’s choice of nominee in the modern era

Answer 8

Diversity of gender and race

Question 9

When did the idea of gender equality in the court being essential arise?

Answer 9

After Reagan appointed the first even female SC justice in 1981, Sandra Day O’Connor

Question 10

Give an example of gender being an important factor for the president?

Answer 10

Upon the death of Ruth Bader Ginsburg in 2020, Trump announced that she would be replaced by another woman, which she was with Amy Coney Barrett

Question 11

Give an example of race being an important factor for the president?

Answer 11

When Thurgood Marshall, the first black SC justice died in 1991, he was replaced by Clarence Thomas, the second black SC justice

Question 12

Why are presidents now mindful of including women and ethnic minority candidates?

Question 13

What does a president have to be mindful of when making nominations?

Answer 13

The political climate in the senate

Question 14

What will the senate do when they are opposed by a hostile senate majority?

Answer 14

Choose a more moderate, centrist candidate to limit opposition

Question 15

What kind of justice will a president nominate if they are confident of senate confirmation?

Answer 15

A more liberal or conservative justice depending on their political leanings

Question 16

How was Obama’s appointment of Sotomayor an example of the president being able to make a bolder appointment?

Answer 16

• She was a liberal and a believer in a ‘living constitution’

Question 17

Why was Sotomayor a good appointment from a diversity POV?

Answer 17

She was female and the first hispanic SC justice

Question 18

Give the 4 main reasons why SC appointments are so important

Answer 18

• Vacancies occur so rarely
• Appointments are for life, and nominees are getting younger
• Appointing 1/9 of the SC, they will only need four others to agree with them for a majority
• The power of JR is profound and can have a big impact on the lives of Americans

Question 19

Why was 1994-2005 a significant period in relation to the SC?

Answer 19

Because there were no vacancies between these years

Question 20

How often do vacancies occur on average?

Answer 20

Every two years

Question 21

Give some examples of how nominees have been getting younger

Answer 21

Neil Gorsuch was 49 and Amy Coney Barrett was 48