The document discusses the process and politics of nominating Supreme Court justices. It outlines the constitutional basis for nominations, which allows the President to nominate justices with Senate approval. It also lists factors that influence nominations, such as party affiliation and judicial philosophy. Additionally, it details the multi-step confirmation process involving the White House, FBI investigation, Senate hearings, and final Senate vote.

1. Supreme ChoiceSupreme Choice
ProceProcess & Politicsss & Politics
of Presidentialof Presidential
NominationsNominations
to theto the
Supreme CourtSupreme Court

2. Political Cartoon APolitical Cartoon A
Title: The Supreme Court Location
Mike Keefe, The Denver Post, Oct. 6, 2004
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3. Political Cartoon BPolitical Cartoon B
Title: Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10, 2004
http://cagle.slate.msn.com/politicalcartoons/

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

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

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

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

8. Factors That InfluenceFactors That Influence
Supreme Court NominationsSupreme Court Nominations

9. Factors That InfluenceFactors That Influence
Supreme Court NominationsSupreme Court Nominations
 Party affiliation (80% orParty affiliation (80% or
higher)higher)
 Judicial PhilosophyJudicial Philosophy
 ““Litmus Test” - whereLitmus Test” - where
nominees stand onnominees stand on
controversial issues likecontroversial issues like
abortionabortion
 Background of nomineeBackground of nominee
(education, experience,(education, experience,
race, gender, ethnicity,race, gender, ethnicity,
etc.)etc.)
 Cultivating politicalCultivating political
supportsupport
 Political favorsPolitical favors
 Interest group inputInterest group input
 American Bar AssociationAmerican Bar Association
certificationcertification
 Securing a “safe” nomineeSecuring a “safe” nominee

10. The U.S. ConstitutionThe U.S. Constitution
and the Appointment of Supremeand the Appointment of Supreme
Court JusticesCourt 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. ConstitutionThe U.S. Constitution
and the Supreme Courtand 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:The Constitution & the Supreme Court:
Questions for DiscussionQuestions for Discussion
1. 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 ProcessU.S. Supreme Court Confirmation Process
Stage 1: Presidential
Nomination
Stage 2: Senate Judiciary
Committee Hearing
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Stage 3: Full Senate
Vote
WHITE HOUSE
REVIEW
Certification
MEDIA
Influence
FBI
Investigation
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INTEREST
GROUP
Influence
Stage 4: Oath of Office?

14. U.S. Supreme Court Confirmation Process
1. White House staff
reviews candidates and
submits a short list to the
president
2. FBI background
investigation
3. Candidates submit
financial disclosure forms
4. ABA grades candidates
5. Interest groups weigh in
Stage 1
Presidential Nomination

15. U.S. Supreme Court Confirmation Process
1. Senate Judiciary members and
their staffs review candidate’s
background (may conduct own
investigation)
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.
Stage 2
Senate Judiciary Committee
Hearings

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

17. U.S. Supreme Court
Confirmation Process
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
Stage 4
Oath of Office
independent
judiciary