SC Appointment Process USP Flashcards
(14 cards)
how did the appointment process for ketanji brown jackson go
- 53-47 vote
- scrutinised for judicial record and philosophy
- republicans questioned sentencing decisions in child pornography cases
how did the appointment process for amy coney barrett go
- scrutinised over views on healthcare and abortion = showing more care over ideology than expertise
- rushed hearing (compared to merrick garland)
how did the appointment process for brett kavanaugh go
- dominated by high school and college sexual assaults
- insanely polarised
- won nomination 50-48
how did the appointment process for merrick garland go
- republican controlled senate
- leader Mitch McConnell argued that the next president should choose the vacancy
- PROVES politicisation of the appointment process
how could the turnout for amy coney barrett’s nomination be seen as extremely polarising
first appointment since 1870 to receive no votes from opposing party
what are the factors which influence the president’s choice of nominees
- ideological alignment
- potential for senate confirmation
- legal qualifications and experience
- demographic considerations for diversity
- current composition and needs of the court
what are the strengths of the appointment process
- thorough scrutiny
- checks and balances
- used to promote diversity
- lifetime tenure insurance independence
- quasi-democratic
what are the weaknesses of the appointment process
- extremely partisan
- unpredictability in vacancies
- contentious hearings
- perceived politicisation
what are the key beliefs of conservative judges
- originalist = interpreting constitution as it was understood at the time of inception
- advocates for state rights
- limited federal government
- free market
- individual liberties
- skeptic toward progressive social policies and regulations
what are the key beliefs of liberal judges
- living constitution approach
- affirmative action
- reproductive rights
- favour broad interpretations of rights and federal powers
what were two land mark cases in the warren’s court WW2 - 1960s
- MIRANDA vs ARIZONA 1966
- BROWN vs BOARD O.E. 1954
what was land mark case in the burger’s court 1960s - 80s
ROE vs WADE 1973
what were two land mark cases in the roberts’ court 1980s - 2000s
DOBBS vs JACKSON
recent rulings by the roberts court
- DOBBS vs JACKSON (abortion not a constitutional right)
- FULTON vs CITY OF PHILADELPHIA (city of phili violated first amendment right when catholic foster care agency refused to work with same-sex couple)
- NY STATE RIFLE vs BRUEN (callenged NY restrictive gun permit law)