The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall.

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Presentation transcript:

The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall have Power, by and with the Advice and Consent of the Senate …to… nominate Judges of the Supreme Court….”

Factors That Influence Supreme Court Nominations Party affiliation (80% or higher) Party affiliation (80% or higher) Judicial Philosophy Judicial Philosophy “Litmus Test” - where nominees stand on controversial issues like abortion “Litmus Test” - where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Background of nominee (education, experience, race, gender, ethnicity, etc.) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee

U.S. Supreme Court Confirmation Process 1.White House staff reviews candidates and submits a short list to the president 2.FBI background investigation 3.Candidates submit financial disclosure forms 4.ABA grades candidates 5.Interest groups weigh in on candidates 6.President selects nominee 1.White House staff reviews candidates and submits a short list to the president 2.FBI background investigation 3.Candidates submit financial disclosure forms 4.ABA grades candidates 5.Interest groups weigh in on candidates 6.President selects nominee Stage 1 Presidential Nomination

U.S. Supreme Court Confirmation Process 1.Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) 2.Interest groups may conduct campaigns for or against nominee (including TV ads) 3.Intense media attention to Senate hearings 4.Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. 5.Judiciary Committee votes up or down on nominee and sends recommendation to full Senate Stage 2 Senate Judiciary Committee Hearings

U.S. Supreme Court Confirmation Process 1. Floor debate on nominee 2. Confirmation vote by full Senate Stage 3 Full Senate Vote

U.S. Supreme Court Confirmation Process 1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice 2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated Stage 4 Oath of Office