2017 Federal Courts and Constitutional Controversies A workshop by

Judicial Nominations Building Civic Skills comparing and contrasting positions analyzing politicians’ positions building persuasive arguments

Session Outcomes As a result of this session, teachers will be able to: Describe the typical nomination and confirmation process for federal judges and the ways in which the recent Supreme Court vacancy and appointment differ from that typical process. List several factors presidents and senators consider when nominating or confirming a federal judge. Evaluate Judge Gorsuch’s suitability for a Supreme Court seat and explain why senators support and oppose his nomination.

Missouri Constitution: Requirements for Judges Section 21. Judges of the supreme court and of the court of appeals shall have been citizens of the United States for at least fifteen years, and qualified voters of the state for nine years next preceding their selection. Such judges shall be at least thirty years of age. Except as provided by section 6, judges of the court of appeals shall be residents of the court of appeals district in which they serve. Circuit judges shall have been citizens of the United States for at least ten years, and qualified voters of this state three years next preceding their selection, and be not less than thirty years of age and residents of the circuit for at least one year. Associate circuit judges shall be qualified voters of this state and residents of the county, at least twenty-five years old, and have such other qualifications as may be provided by law. Every supreme, appellate, circuit, and associate circuit court judge shall be licensed to practice law in this state. Source: Const. of 1875, Art. VI, §§ 6, 13, 25, 26.; (Amended August 3, 1976)

U.S. Constitution: Requirements for Judges Article II, Section 2. [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for… Article III, Section 1 The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…

Supreme Court Nomination Full Senate DEBATE ON SENATE FLOOR Led by the chair of the Judiciary Committee, the Senate debates the nomination. Supreme Court Nomination President: NOMINATION The president chooses a candidate who is well-qualified as well as someone who generally serves his political interests. Senate Judiciary Committee VETTING: The committee checks the nominee’s credentials and background, including finances and past legal decisions. FIRST HEARING: The committee questions the nominee’s qualifications. The nominee is given a chance to respond. COMMITTEE VOTE: Even if a majority of the committee opposes the nominee, tradition calls for the panel to send the nomination to the full Senate with the recommendation that it be rejected. BACK TO THE START A nominee may withdraw from consideration at any time, as Harriet Miers did in 2005.

Full Senate DEBATE ON SENATE FLOOR Led by the chair of the Judiciary Committee, the Senate debates the nomination. FILIBUSTER A senator may stall the debate by refusing to yield the floor. VOTE FOR CLOTURE It takes 60 votes to stop a filibuster. Filibuster No Filibuster FINAL VOTE Simple 51-vote majority required. 60 votes for cloture Final majority vote fails Vote succeeds NOMINATION CONFIRMED NOMINATION FAILS

Judicial Confirmations: Activity Instructions Review the information provided on page 1 about the nominee and the current composition of the Supreme Court. Read the profile of the senator you are assigned to advise. Considering the confirmation hearing as a time to make a statement and ask questions, List key points your senator should aim to convey List information your senator should try to find out List questions to ask in the hearing