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Politics Paper 3 > 4.2 Appointment process for SC > Flashcards

4.2 Appointment process for SC Flashcards

1
Q

5

Describe the 5-step process for appointing a US SC judge

A
  • Vacancy occurs
  • Presidential nomination
  • American Bar Association (ABA) rating
  • Senate Judiciary Committee
  • Senate floor vote
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2
Q

3 with examples

When will a vacancy occur?

A
  • Death of a Justice (e.g. Antonin Scalia in 2016)
  • Retirement (e.g. Stephen Breyer resigned in 2022 to allow for liberal successor)
  • Impeachment (Samuel Chase 1805, though acquitted)
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3
Q

4

Describe Presidential considerations for a judicial nominee

A
  • Judicial experience
  • Demographics of justices
  • Ideology of outgoing justice
  • Ideology of nominee
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4
Q

3

Describe judicial experience (presidential nomination)

A
  • Nominee should have experience and be qualified in law
  • ABA rates candidates as ‘well qualified’, ‘well qualified’ or ‘unqualified’
  • Only current member not serving on circuit court when appt is Elena Kagan (solicitor general for Obama)

ABA - American Bar Association

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5
Q

4

Describe Harriet Miers

A
  • 2005, nominated following Sandra Day O’Connor’s retirement
  • Served as White House Deputy Chief of Staff
  • Never served at judge at any level - lacked judicial experience
  • 2007, nomination withdrew after bipartisan opposition
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6
Q

2

Describe consideration of outgoing justice (presidential nomination)

A
  • President may be expected to replace justice with ideologically similar judge
  • Yet this is rare - Kavanaugh (2018) and Barrett (2021) were both conservative than predecessors
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7
Q

2

Describe demographics of SC (presidential nomination)

A
  • President may wish to widen represenattive nature of Court
  • e.g. Biden appt first AA woman to SC - Ketanji Brown Jackson
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8
Q

3

Describe the ideology of the nominee (presidential nomination)

A
  • Can ascertain ideology from previous rulings as nearly all nominees have been a judge on a lower court
  • e.g. Kavanaugh appeared on a list from the Heritage Foundation (right wing think tank)
  • but may not be succesful in finding ideologicla match e.g. Anthony Kennedy (Reagan) a conservative, yet more moderate than expected
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9
Q

6

Describe the Senate Judiciary Committee hearings

A
  • 21 members (proportional to party distribution in Senate)
  • Scrutinise nominees through hearings and hold vote
  • Hear from relevant individuals/groups
  • As the committee is not actually constitutional, it is only advisory
  • yet has considerable influence on Senate vote
  • e.g. Robert Bork rejected by committee 9-5 and subsequently rejected by Senate
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10
Q

3

What happened in Amy Coney Barrett’s committee vote?

A
  • boycotted by Democrats
  • in protest at speed of confirmation
  • won vote 12-0
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11
Q

3

Describe the Senate floor vote on SC appointment

A
  • Senate must vote to confirm appointment
  • following 2017 reforms, this vote can no longer be fillibustered and requires simple majority
  • all votes have become partisan since 2006
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12
Q

1

Give an example of a successful Senate floor vote

A
  • 1993, RBG confirmed 96-3
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13
Q

1

Give an example of an unsuccessful Senate floor vote

A
  • 1987, Bork rejected 58-42
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14
Q

4

Describe the ‘swing justice’

A
  • The justice that is in the idelogical middle of the 9 US SC justices
  • Majority decision often a result of ‘swing justice’ decision
  • Previously taken up by Kennedy, Day O’Connor
  • Role of ‘swing justice’ currently reduced with 6 conservative justices
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15
Q

4

Describe the frequency of split decisions in the SC

A
  • only 20% of rulings are decided with 5-4 vote
  • 2016-17, 57% of decisions were unanimous 9-0 vote
  • e.g. McElrath v Georgia 2024
  • factors such as constitution more pervasive in deciding plurality of cases rather than ideology
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16
Q

6

List Conservative judges on the SC

A
  • Clarence Thomas (Bush Sr)
  • John Roberts (Bush jr)
  • Samuel Alito (Bush jr)
  • Neil Gorsuch (Trump)
  • Brettt Kavanaugh (Trump)
  • Amy Coney Barrett (Trump)

(moderate to rights): Roberts → Kavanaugh → Barrett → Gorsuch → Alito → Thomas

17
Q

3

List liberal judges on the SC

A
  • Sonia Sotomayor (Obama)
  • Elena Kagan (Obama)
  • Ketanji Brown Jackson (Biden)

(moderate to right): Sotomayor → Breyer (Clinton) → Kagan → Jackson

18
Q

3

Describe conservative judges

A
  • More likely to produce rulings that limit federal government
  • Uphold conservative ideals e.g. pro-gun, pro-life
  • more likely to be strict constructionists
19
Q

4

Describe liberal judges

A
  • More liekly to produce rulings that produce greater equality
  • Uphold liberal ideals e.g. LGBT rights and gun control
  • May indicate larger federal government
  • more likely to be loose constructionists
20
Q

3

Describe the diversity of the US SC

A
  • Ethnicity - 6 white justices, 2 black justices, 1 hispanic justice
  • Gender - 5 men, 4 women
  • Religion - 6 catholics, 2 protestants (Gorsuch/Jackson), 1 Jew (Kagan)
21
Q

What happens when a ruling is tied?

A

Original ruling stands

22
Q

2

Give an example of a tied ruling

A
  • Obama’s executive order regarding DAPA struck down by 4-4 vote that led to lower court decision standing
  • Office left vacant after liberal Antonin Scalia’s death and Republican obstructionism of nomination
23
Q

1

Describe controversy over Sotomayor

A
  • in 2001 claimed that latina woman justice could make better rulings than white male
24
Q

2

Describe the financing of SC justices

A
  • Judicial Crisis Network given $7m by donors to oppose Garland appointment, $10m to support Gorsuch appointment
  • Demand Justice launched $1m campaign to support Jackson nomination
25
Q

2

What did Biden campaign for in 2020 on the Supreme Court?

A
  • To appoint a black woman
  • Best example of political appointment
26
Q

3

Describe the Presidential Commission on the Supreme Court

A
  • 2021 Biden signed executive order to create committee made up of legal scholars to invetsigate possible SC reforms
  • Reported that there was bipartisan support for 18-year term limits
  • Yet no consensus on court expansion
27
Q

2

Give an example of how Chief Justice John Roberts is moderate

A
  • 2012, SC declared Affordable Care Act (ACA) constitutional
  • Deciding vote by Roberts
28
Q

2

Describe the limited time given to nominees in SJC hearings

A
  • Hearings of Alito, Setomayor, Kagan and Gorsuch
  • Nominees only spoke for 33% of hearing - rest taken up by Senators
29
Q

3 - (4) (2) (2)

Describe the strengths of the SC Appointment process

A
  • Ensures well-qualified candidate
    • Length of process (usually 2-3 months) allows vetting for judicial experience
    • e.g. Harriet Miers
    • ABA ratings ensure experience
    • important justices are sufficiently competent as have hugely consequential judicial review powers
  • Grants legitimacy to SC
    • elected President and Congress hold role
    • role of Senate Judiciary Committee
  • Maintains judicial independence of SC
    • Senate confirmation prevents Presidential packing
    • President’s ideological nominations may not be successful (e.g. Roberts is a moderate)
30
Q

3 - (3) (3) (4)

Describe the weakness of the SC Appointment process

A
  • Issues with length of terms of process
    • vacancy caused by death/impeachment leaves even number (8) of justices
    • causes tied rulings e.g. Obama DACA
    • lifetime appointments creates eventual Court that reflects an ideology inconsistent with future public will
  • Lack of legitimacy
    • ABA unelcted/unaccountable - lacks constitutional weight, so should lack influence
    • nominees rarely speak in SJC hearings
    • can therefore be questioned whether nominees are adequately qualified
  • Lacks independence
    • All appointments since 2006 voted on party-lines in Senate
    • media circus undermines independence e.g. Kavanaugh, Sotomayor
    • financing of nomination campaigns
    • politicisation of process prevents independence
31
Q

2

Describe Earl Warren

A
  • Appointed by Republican Eisenhower
  • More liberal than expected
32
Q

1

What was Kavanaugh’s past role?

A

Was a republican lawyer on Clinton impeachment case - politicisation of judges

33
Q

1

Describe Samuel Chase

A
  • Impeached but not removed

Politics Paper 3 (34 decks)

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