1. Appointment to the Supreme Court
A Level Government & Politics
Students should be able to:
Identify the key parts of the appointments process
Explore the political significance of the process
Evaluate why President’s place a high importance on the process

2. Appointing Justices The system is a 4 step process
Senate hearings and confirmation
FBI Background Checks
Search is Instigated
Vacancy Occurs

3. 1. Vacancy Occurs
For a seat to be filled on the court, a vacancy must first exist. This can come about in a number of ways:
Death of a Justice
E.g. Antonin Scalia who died in February 2016
Retirement
E.g. Sandra Day O’Connor who retired in 2006
Impeachment
E.g. Samuel Chase in 1805, although he was acquitted
It is then up to the President to start a search for a replacement

4. 2. The Search is On
The President instructs the Executive Office to start the search. There are several places they can take advice from and look for a nominee
Advice
Congress
Professional Bodies such as the American Bar Association
Members of the Cabinet
Nominees
Lower Courts
Executive Branch
Legislative Branch
Academia

5. 3. Background Checks
All nominees are checked by the FBI is they are going to a Supreme Court Justice. It is to make sure they are right and that there are no skeletons in closets.
In addition to the FBI background check, they also have a interview with the President. Presidential choice is an important factor in the selection of a Supreme Court justice, as President’s seek to leave a legacy
The American Bar Association will also give a nominee a rating. Clarence Thomas was the last President to receive a lower than perfect rating.

6. 4. Confirmation Hearings
Vote on the Senate Floor
Senate Judiciary Committee Hearings
Nominee Announced
WIN
LOSE
Nominee appointed as a Justice
Nominee is then subject to press scrutiny
Nominee may withdraw if they lose the hearing vote
Process goes back to the start

7. Summary Senate hearings and confirmation FBI Background Checks
Advice sought from:
Advisors
Congress
Professional Bodies
Nominees can come from:
Lower Courts
Executive Branch Legislative Branch
Academia
Senate hearings and confirmation
FBI Background Checks
SJC holds hearings for the candidate
Sometimes candidates withdraw if hearing is bad
Vote on the floor. If committee rules against, Senate typically will
Search is Instigated
FBI Checks and interview with the President. ABA gives an informal rating
Clarence Thomas is the last nominee to receive lower than perfect
Vacancy Occurs
Death, Retirement or Impeachment

8. Why is this important?
Presidents get to serve 8 years at the most. Supreme Court justices get to serve for life. Many will outlive the Presidents who appointed them, not only politically but also in life.
Presidents will therefore seek to appoint someone who is similar to them ideologically. For example Obama appointed liberal justices Kagan and Sotomayor
Presidents seek to leave the Supreme Court as an echo chamber of administrations past.

9. Some Famous Appointments
Earl Warren
Appointed by Eisenhower who said it was the biggest god dam mistake of his life
Robert Bork
Reagan’s controversial nomination, the subject of a negative ad campaign. Failed to confirm
David Souter
Appointed by George H W Bush he has turned out to be one of the most liberal members of the Court

10. Appointment to the Supreme Court
A Level Government & Politics
Students should be able to:
Identify the key parts of the appointments process
Explore the political significance of the process
Evaluate why President’s place a high importance on the process