US Supreme Court Flashcards
1
Q
What are the political aspects of the appointment process? Include examples.
A
- president nominates them (Dem = Liberal)
(Rep = Conservative) - Senate confirms
- 1994 Steven Breyer for 87 - against 9
- 2016 Brett Kavanaugh for 50 - against 48
- 2016 Scalia died Obama not allowed to nominate new judge
- 2020 Ginsburg died Trump nominates new judge
2
Q
What are the non-political aspects of the appointment process? Include examples.
A
- Justices may disappoint nominated president
- Eisenhower = Warren (Brown v Board 1954)
- American Bar Association (ABA)
3
Q
What are the political aspects of the influence on public policy? Include examples.
A
- SCOTUS has final say on political issues
- Judicial activism = Bush v Gore (2000), Roe v Wade (1973), Dobbs v Jackson (2022)
4
Q
What are the non-political aspects of the influence on public policy? Include examples.
A
- Judicial Restraint = Bucclew v Precythe (2019)
- 8th amendment
5
Q
What are the political aspects of independence? Include examples.
A
- Impeachment process
- Congress can alter the composition of SCOTUS e.g Biden, Roosevelt
6
Q
What are the non-political aspects of independence? Include examples.
A
- No impeachment has ever been enacted on SCOTUS
- No change to SCOTUS since 1869
- Article 3 says they have a guaranteed role for life = also protects salary