This document discusses the process and politics of nominating Supreme Court justices. It begins with 6 political cartoons about various aspects of the nomination process. It then examines factors that influence nominations such as party affiliation, judicial philosophy, and background of nominees. The constitution gives the president power to nominate justices with Senate confirmation. Justices have lifetime appointments to maintain an independent judiciary. The nomination process involves vetting of candidates, hearings, debate, and confirmation voting.

1. 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
http://cagle.slate.msn.com/politicalcartoons/

3. Political Cartoon B
Title: Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10, 2004
http://cagle.slate.msn.com/politicalcartoons/

4. Political Cartoon C
Title: Supreme Court - 31 Flavors
Robert Ariail, The State, Aug. 10, 2005
http://cagle.slate.msn.com/politicalcartoons/

5. Political Cartoon D
Title: The Confirmation Process
Mike Thompson, The Detroit Free Press, Aug. 11, 2005
http://cagle.slate.msn.com/politicalcartoons/

6. Political Cartoon E
Title: Go My Pretties!
Henry Payne, The Detroit News, Aug. 11, 2005
http://cagle.slate.msn.com/politicalcartoons/

7. Political Cartoon F
Title: Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug. 11,
2005
http://cagle.slate.msn.com/politicalcartoons/

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. 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. 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. 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. 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. U.S. Supreme Court Confirmation Process
Stage 3
Full Senate Vote
Floor debate on nominee
2. Confirmation vote by full
Senate
1.

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