1. Prentice Hall PoliticalScienceInteractive
Magleby et al.
Government by the People
Special Topic
Chapter 14
Judicial Selection
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2. 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
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3. 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
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4. 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
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5. Who is Selected? Judicial Experience Law Degrees Race & Gender Age
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6. Diversity in the Judiciary
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7. 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
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8. 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
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9. Political Litmus Tests
Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case
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10. 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
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11. 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
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12. The Confirmation of Clarence Thomas
A University of Oklahoma law professor, Anita Hill, claimed that Thomas had sexually harassed her. Thomas denied the charges.
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13. 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
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14. 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
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15. 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
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16. Judicial Selection in the States
Four methods of judicial selection in the states:
Partisan elections
Nonpartisan elections
Merit selection
Gubernatorial or legislative appointment
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