Supreme Choice
Process & Politics
of Presidential
Nominations
to the
Supreme Court
Political Cartoon A

Title: The Supreme Court Location

Mike Keefe, The Denver Post, Oct. 6, 2004
http://cagle.slate.msn.c...
Political Cartoon B

Title: Bush on Dred Scott

Monte Wolverton, Cagle Cartoons, Oct. 10, 2004
http://cagle.slate.msn.com/...
Political Cartoon C

Title: Supreme Court - 31 Flavors

Robert Ariail, The State, Aug. 10, 2005
http://cagle.slate.msn.com...
Political Cartoon D

Title: The Confirmation Process

Mike Thompson, The Detroit Free Press, Aug. 11, 2005
http://cagle.sl...
Political Cartoon E
Title: Go My Pretties!

Henry Payne, The Detroit News, Aug. 11, 2005
http://cagle.slate.msn.com/politi...
Political Cartoon F

Title: Supreme Court Exam

Jimmy Margulies, New Jersey -- The Record, Aug. 11,
2005
http://cagle.slat...
Factors That Influence
Supreme Court Nominations
Factors That Influence
Supreme Court Nominations







Party affiliation (80% or
higher)
Judicial Philosophy
“Litmus ...
The U.S. Constitution
and the Appointment of Supreme
Court Justices

Article II, Section 2 describes the
appointment power...
The U.S. Constitution
and the Supreme Court

Article III describes the judicial power of the
Supreme Court:
“The judicial ...
1.

The Constitution & the Supreme Court:
Questions for Discussion
Identify the constitutional requirements
for appointing...
U.S. Supreme Court Confirmation Process
WHITE HOUSE
REVIEW

Stage 1: Presidential
Nomination

FBI
Investigation
Qu i kTi m...
U.S. Supreme Court Confirmation Process
1. White House staff
Stage 1
reviews candidates and
submits a short list to the
Pr...
U.S. Supreme Court Confirmation Process
1. Senate Judiciary members and
Stage 2
their staffs review candidate’s
Senate Jud...
U.S. Supreme Court Confirmation Process

Stage 3
Full Senate Vote

Floor debate on nominee
2. Confirmation vote by full
Se...
U.S. Supreme Court
Confirmation Process

Stage 4
Oath of Office

1.

If confirmed by the
Senate, nominee sworn
in, usually...
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Supreme court nomination process

  1. 1. Supreme Choice Process & Politics of Presidential Nominations to the Supreme Court
  2. 2. Political Cartoon A Title: The Supreme Court Location Mike Keefe, The Denver Post, Oct. 6, 2004 http://cagle.slate.msn.com/politicalcartoons/
  3. 3. Political Cartoon B Title: Bush on Dred Scott Monte Wolverton, Cagle Cartoons, Oct. 10, 2004 http://cagle.slate.msn.com/politicalcartoons/
  4. 4. Political Cartoon C Title: Supreme Court - 31 Flavors Robert Ariail, The State, Aug. 10, 2005 http://cagle.slate.msn.com/politicalcartoons/
  5. 5. Political Cartoon D Title: The Confirmation Process Mike Thompson, The Detroit Free Press, Aug. 11, 2005 http://cagle.slate.msn.com/politicalcartoons/
  6. 6. Political Cartoon E Title: Go My Pretties! Henry Payne, The Detroit News, Aug. 11, 2005 http://cagle.slate.msn.com/politicalcartoons/
  7. 7. Political Cartoon F Title: Supreme Court Exam Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005 http://cagle.slate.msn.com/politicalcartoons/
  8. 8. Factors That Influence Supreme Court Nominations
  9. 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. 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. 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. 12. 1. The Constitution & the Supreme Court: Questions for Discussion Identify the constitutional requirements for appointing Supreme Court Justices. 2. Discuss the purpose and significance of federal judges servings life terms. 3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?
  13. 13. U.S. Supreme Court Confirmation Process WHITE HOUSE REVIEW Stage 1: Presidential Nomination FBI Investigation Qu i kTi m e™ and a c TI FF ( Unc om pr es sed) dec om pr ess or ar e nee ded t o se e t hi s pi ct ur e. Stage 2: Senate Judiciary Committee Hearing Certification INTEREST GROUP Influence Qu i ckTi m e™ an d a TIFF (Unc om p re ss ed) de co m pres so r are n ee ded to s ee thi s p ic ture. MEDIA Influence Stage 3: Full Senate Vote Stage 4: Oath of Office?
  14. 14. U.S. Supreme Court Confirmation Process 1. White House staff Stage 1 reviews candidates and submits a short list to the Presidential Nomination president 2. FBI background investigation 3. Candidates submit financial disclosure forms 4. ABA grades candidates 5. Interest groups weigh in on candidates 6. President selects nominee
  15. 15. U.S. Supreme Court Confirmation Process 1. Senate Judiciary members and Stage 2 their staffs review candidate’s Senate Judiciary Committee background (may conduct own investigation) Hearings 2. Interest groups may conduct campaigns for or against nominee (including TV ads) 3. Intense media attention to Senate hearings 4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. 5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate
  16. 16. U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote Floor debate on nominee 2. Confirmation vote by full Senate 1.
  17. 17. U.S. Supreme Court Confirmation Process Stage 4 Oath of Office 1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice 2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

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