Transcript Prentice Hall PoliticalScienceInteractive

Prentice Hall
PoliticalScienceInteractive
Magleby et al.
Government by the People
Special Topic
Chapter 14
Judicial Selection
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The Politics of Selecting Judges
The process of
judicial selection
is a highly
partisan and
political process
Judge Samuel A. Alito, seated left, is photographed
prior to the start of his second day of questioning
before the Senate Judiciary Committee in
Washington
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Judicial Selection in the Federal
System
Because of the power
wielded by the
Supreme Court,
presidents take a
personal interest in
selecting appointees
George W. Bush and
Harriet Miers
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Judicial Tenure
The Constitution stipulates that
federal judges “shall hold their
Offices during good Behavior”
– Interpreted to mean a life term
Judges cannot be removed for any
reason by a President and Congress
cannot impeach judges because
they don’t like their decisions
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Who is Selected?
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Law
Degrees
Judicial
Experience
Age
Race &
Gender
Diversity in the Judiciary
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Diversity in the Judiciary
One of the most
significant changes
affecting the
judiciary in recent
decades has been the
expansion of
opportunity for
women and members
of minority groups to
serve as judges
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Political Litmus Tests
Litmus Test
In political terms, a person’s stand on a
key issue that determines whether he or
she will be appointed to public office or
supported in electoral campaigns
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Political Litmus Tests
Except for Robert Bork,
most judicial nominees
have refused to answer
questions that might
reveal how they would
decide a case
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The Process of Judicial Selection
Submission of an appointee’s name to the
Senate Judiciary Committee
Hearings are held by the Senate
Judiciary Committee
Nomination goes to the full Senate,
where there is debate and, if no
filibuster, a vote
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Senate Confirmation
Senatorial Courtesy
Custom of the U.S.
Senate with regard to
presidential
nominations to the
judiciary to defer to the
judgment of senators
from the president’s
party from the same
state and the nominee
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During the ReaganBush years, partisan
divisions eroded the
tradition of
senatorial courtesy
The Confirmation of Clarence
Thomas
A University of Oklahoma law
professor, Anita Hill, claimed that
Thomas had sexually harassed her.
Thomas denied the charges.
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Senate Confirmation
Filibustering Court Nominees
Constitution requires only a majority
vote of the senate to “advise and consent”
to a presidential nominee
60 votes required to end a filibuster
Democrats used filibuster rule to their
advantage in Senate confirmations
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Profile:
Sandra Day O’Connor
The first woman to
serve on the Supreme
Court
Appointed by Ronald
Reagan in 1981
Instrumental in
preserving the
constitutional right
to an abortion
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Profile:
John G. Roberts, Jr.
First nominated
for a judgeship by
George H. W. Bush
but Senate did not
vote on his
nomination
Nominated for
second time after
death of
Rehnquist in 2005
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Judicial Selection in the States
Four methods of judicial selection in
the states:
1. Partisan elections
2. Nonpartisan elections
3. Merit selection
4. Gubernatorial or legislative appointment
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