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

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

3. Political Cartoon B Title: Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10, 2004

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

5. Political Cartoon D Title: The Confirmation Process
Mike Thompson, The Detroit Free Press, Aug. 11, 2005

6. Political Cartoon E Title: Go My Pretties!
Henry Payne, The Detroit News, Aug. 11, 2005

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

8. Factors That Influence Supreme Court Nominations

9. 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

10. 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….”

11. The U.S. Constitution and the Supreme Court
Article III describes the judicial power of the Supreme Court:
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

12. The Constitution & the Supreme Court: Questions for Discussion
Identify the constitutional requirements for appointing Supreme Court Justices.
Discuss the purpose and significance of federal judges servings life terms.
How do these constitutional provisions promote checks and balances of the three branches of the federal government?

13. 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?

14. 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

15. 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

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

17. 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