Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Federal Courts part 2

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Presidents appoint members of the federal courts with “advice and consent” of the Senate. The Lower Courts –Appointments handled through Senatorial Courtesy: Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination Has the effect of the president approving the Senate’s choice –President has more influence on appellate level

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection The Supreme Court –Fewer constraints on president when nominating persons to Supreme Court –President relies on attorney general and Department of Justice to screen candidates –Presidents will have more difficulty if the opposition party has a majority in the Senate. –Chief Justice can be chosen from a sitting justice, or as a new member –1 out of 5 nominees will not make it

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Some recent nominees who did not make it

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Harriet Miers –Nominated by George W. Bush –She withdrew –After many questioned her qualifications (she had never been a judge) –And after heavy criticism by other Republicans, who believed she would not be conservative enough

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Some recent nominees who did not make it

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Robert Bork –Nominated by Ronald Reagan –He was attacked for his extreme views –And did not help his case by being argumentative when questioned by the Senate in hearings –The Senate rejected him, –Now, whenever a nominee is heavily criticized in hearings, it is referred to as being “Borked”

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Some recent nominees who did not make it

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Politics of Judicial Selection Douglas Ginsburg –Nominated by Ronald Reagan –He withdrew –It was discovered that when he was a student in the 60’s and then a professor of law at Harvard in the 70’s, he... –Smoked an illegal leafy substance

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices Characteristics: –Generally white males –Lawyers with judicial and often political experience Other Factors: –Generally of the same party and ideology as the appointing president –However, Judges and justices may not end up making decisions the way presidents had hoped they would have.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices Upon nominating Earl Warren to be Chief Justice in 1953, President Eisenhower said: –“He represents the kind of political, economic and social thinking that I believe we need on the Supreme Court.”

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices This is Earl Warren He was a Republican governor of California (3 times) Supported the internment of Japanese-Americans during WWII And had been a district attorney prosecuting criminals

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices Warren presided over: –Brown v. Board of Education –Mapp v. Ohio –Gideon v. Wainwright –Miranda v. Arizona –Loving v. Virgina This case, in 1967, ruled that a Virginia law prohibiting inter-racial marriage was unconstitutional

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices Eisenhower said that appointing Warren to the Supreme Court was: –“the biggest damned-fool mistake I ever made”

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Backgrounds of Judges and Justices Scene from the Simpsons: –Marge: Do you want your son to become Chief Justice of the Supreme Court, or a sleazy male stripper? –Homer: Can’t he be both, like the late Earl Warren? –Marge: Earl Warren wasn’t a stripper! –Homer: Now who’s being naïve?!

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Courts as Policymakers Making Decisions –Oral arguments heard by the justices –Justices also read the “briefs” filed by the parties –As well as other briefs submitted (“amicus curiae”) –Justices discuss the case

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Courts as Policymakers Making Decisions –Clerks do a lot of the background research and writing for the justices –It takes at least 5 to decide a case –The “senior” justice on the winning side determines who will write the court’s majority opinion

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The oldest justice was... –

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia Oliver Wendell Holmes... – Who was 90 years old when he retired –And is considered to be one of the giants of American legal history

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The oldest justice currently on the court is...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia John Paul Stevens... – Who is currently 89 –And was appointed by a Republican president –The one never elected to the office of president or vice-president... –Gerald Ford –Stevens has become a moderate liberal in his decision-making on the court

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The current Chief Justice is...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia John Roberts... – Who is currently 54 –Is a conservative in ideology –And who could still be Chief when you are in your early 40’s

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The justice who served for the longest period of time was...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia William O. Douglas... –Who served for 36 years & 209 days –Nominated by FDR, after taking part in helping create the Securities & Exchange Commission (regulator of the stock market) –In his late 60’s when he married his 3 rd wife –Who was in her early 20’s –He was disliked by many on the court –Because he was not collegial and was a womanizer

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The first non-white justice was...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia Thurgood Marshall... –Who was the great grandson of a slave –And was the lead attorney in the case of –Brown v. Board of Education –Appointed by... –Lyndon Johnson –He was known to greet the conservative Chief Justice (Warren Burger) in the halls of the court by saying “What’s shakin’, Chiefy baby”.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia The first female justice was...

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. And now some Supremes Trivia Sandra Day O’Connor... –Who was a graduate of Stanford & Stanford School of Law –But was only offered a job as a legal secretary, not an attorney –Because she was not a man –Nominated by Ronald Reagan as a solid conservative –She became a “centrist” moderate on the court