Prentice Hall PoliticalScienceInteractive Magleby et al. Government by the People Special Topic Chapter 14 Judicial Selection Copyright 2006 Prentice Hall

The Politics of Selecting Judges The process of judicial selection is a highly partisan and political process Judge Samuel A. Alito, seated left, is photographed prior to the start of his second day of questioning before the Senate Judiciary Committee in Washington Copyright 2006 Prentice Hall

Judicial Selection in the Federal System Because of the power wielded by the Supreme Court, presidents take a personal interest in selecting appointees George W. Bush and Harriet Miers Copyright 2006 Prentice Hall

Judicial Tenure The Constitution stipulates that federal judges “shall hold their Offices during good Behavior” Interpreted to mean a life term Judges cannot be removed for any reason by a President and Congress cannot impeach judges because they don’t like their decisions Copyright 2006 Prentice Hall

Who is Selected? Judicial Experience Law Degrees Race & Gender Age Copyright 2006 Prentice Hall

Diversity in the Judiciary Copyright 2006 Prentice Hall

Diversity in the Judiciary One of the most significant changes affecting the judiciary in recent decades has been the expansion of opportunity for women and members of minority groups to serve as judges Copyright 2006 Prentice Hall

Political Litmus Tests In political terms, a person’s stand on a key issue that determines whether he or she will be appointed to public office or supported in electoral campaigns Copyright 2006 Prentice Hall

Political Litmus Tests Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case Copyright 2006 Prentice Hall

The Process of Judicial Selection Submission of an appointee’s name to the Senate Judiciary Committee Hearings are held by the Senate Judiciary Committee Nomination goes to the full Senate, where there is debate and, if no filibuster, a vote Copyright 2006 Prentice Hall

Senate Confirmation Senatorial Courtesy Custom of the U.S. Senate with regard to presidential nominations to the judiciary to defer to the judgment of senators from the president’s party from the same state and the nominee During the Reagan-Bush years, partisan divisions eroded the tradition of senatorial courtesy Copyright 2006 Prentice Hall

The Confirmation of Clarence Thomas A University of Oklahoma law professor, Anita Hill, claimed that Thomas had sexually harassed her. Thomas denied the charges. Copyright 2006 Prentice Hall

Filibustering Court Nominees Senate Confirmation Filibustering Court Nominees Constitution requires only a majority vote of the senate to “advise and consent” to a presidential nominee 60 votes required to end a filibuster Democrats used filibuster rule to their advantage in Senate confirmations Copyright 2006 Prentice Hall

Profile: Sandra Day O’Connor The first woman to serve on the Supreme Court Appointed by Ronald Reagan in 1981 Instrumental in preserving the constitutional right to an abortion Copyright 2006 Prentice Hall

Profile: John G. Roberts, Jr. First nominated for a judgeship by George H. W. Bush but Senate did not vote on his nomination Nominated for second time after death of Rehnquist in 2005 Copyright 2006 Prentice Hall

Judicial Selection in the States Four methods of judicial selection in the states: Partisan elections Nonpartisan elections Merit selection Gubernatorial or legislative appointment Copyright 2006 Prentice Hall