1. Ap u.s. government & politics
Wednesday, February 7, 2018

2. Practice fRQ #12

3. Scotus principles
(Continued)

4. Another Important Principle
Precedent
All legal argumentation and decision-making rests, to some extent, on previous court decisions
Lawyers (in their briefs) and judges (in their opinions) will always cite relevant precedent(s) for every argument or conclusion that they make
Stare Decisis
Whenever possible, the justices adhere to the principle of “what is already decided”
If the Court has already decided a particular legal question, that question is generally considered to be decided for all time
BUT: at times the Court will depart from this principle
See: Plessy v. Ferguson (1896); Brown v. Board of Education (1954)

5. Judicial Philosophies and Politics
Judicial Restraint
Deciding cases on the narrowest possible basis;
Leaving as much to the political process as possible
Virtually all judges will claim to follow this philosophy;
They will often accuse judges from different political camps of exercising:
Judicial Activism
Using judicial decisions to advance a particular political agenda;
Sometimes referred to as, “legislating from the bench”

6. Process & Politics of Presidential
Supreme Choice
Process & Politics of Presidential
Nominations
to the
Supreme Court

7. Political Cartoon A Title: The Supreme Court Location
Mike Keefe, The Denver Post, Oct. 6, 2004

8. Political Cartoon B Title: Supreme Court - 31 Flavors
Robert Ariail, The State, Aug. 10, 2005

9. Political Cartoon D Title: Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005

10. Factors That Influence Supreme Court Nominations

11. Factors That Influence Supreme Court Nominations
Party affiliation (80% or higher)
Judicial Philosophy
“Litmus Test” - where nominees stand on controversial issues like abortion
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

12. U.S. Supreme Court Confirmation Process
Stage 1: Presidential Nomination
FBI
Investigation
WHITE HOUSE
REVIEW
Certification
Stage 2: Senate Judiciary Committee Hearing
INTEREST
GROUP
Influence
MEDIA
Influence
Stage 3: Full Senate Vote
Stage 4: Oath of Office?

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

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

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

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

17. Exit Ticket: Practice MCQ
The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as:
a. Original intent.
b. Judicial restraint.
c. Judicial activism.
d. Judicial review.
e. Stare decisis.

18. Op-ed: “the new court-packing plan”

19. Homework Textbook, Chapter 15: Reading & Outline due Tomorrow
Vocab Quiz Tomorrow