1. Aim: How is the Selection of Supreme Court Justices a Political Process Do Now: The Supreme Court is said to be above politics – can this truly be the case?

2. How Federal Court Judges Are Selected Often a very political process Judges nominated by president and confirmed by Senate Can reflect the ideological stamp of the president – WHY?

4. The Federal Court System

6. Who Are Federal Judges? Typically they have held other political offices. –State court judge or prosecutor –Most have been involved in politics –White males tend to dominate

7. Appointments to the U.S. Supreme Court Nomination Criteria –Competence –Ideology or Policy Preference Strict constructionist or loose constructionist? Liberal or Conservative Pursuit of Political Support from Various Groups –Litmus Test

8. The Supreme Court, 2004+ John Roberts b.1955 appt. 2005 Harvard Law Catholic Samuel Alito b.1950 appt. 2006 Yale Law Catholic Sonia Sotomayor b. 1954 appt. 2009 Yale Law Catholic

9. The Supreme Court Confirmation Process Investigation Lobbying by Interest Groups Senate Judiciary Committee Hearings Senate Vote

10. The Politics of Judicial Selection –President relies on attorney general and DOJ to screen candidates for Supreme Court –1 out of 5 nominees will not make it. –Filibustering judicial appointments - “nuclear option” prevents filibusters for federal judges and other presidential appointments, EXCEPT SC nominees –Presidents with minority party support in the Senate will have more trouble. –Chief Justice can be chosen from a sitting justice, or a new member.

11. The Politics of Judicial Selection

12. How does the Public Influence Justices? Justices are nominated by the president, but not entirely immune to public opinion Since the president was elected, his picks will reflect that popular opinion to a degree Justices are aware of public opinion, and are aware that decisions that flagrantly go against public opinion will not be implemented

13. The Backgrounds of Judges and Justices Characteristics: –Generally white males –Lawyers with judicial and often political experience Other Factors: –Generally of the same party as the appointing president

14. The Backgrounds of Judges and Justices

15. Interest Groups

16. Table 10.7 Amicus Curiae Briefs in an Affirmative Action case: Grutter v. Bolinger and Gratz v. Bolinger (2003)

17. Table 10.5