The US Supreme Court

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The US Supreme Court
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Some basic facts

• There are nine supreme court judges called
  justices
• There is one chief justice and eight associate
  justices.
• They are appointed by the President but subject
  to approval by the senate.
• They stay in the job until they retire or die.
• The appointment of a new justice is always a
  major event in US politics reflecting the
  enormous importance the Supreme Court has.

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How straightforward is the process of appointing
Supreme Court Justices ?

• Areas to focus on
• How are they recruited ?
• Where are they recruited from ?
• What is the selection procedure ?
• How are appointments either confirmed or
  rejected ?

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• In what ways could the appointment of Supreme
  Court Justices be seen as one of the most
  important decisions a US President can make ?
• Areas to focus on
• Importance of Supreme Court justices
• Frequency of appointments
• Tenure of service
• Legacy.

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What are the checks and balances in place
regarding the Supreme Court ? Are they effective
?

• Areas to focus on
• Prevention of overly political appointments by
  Presidents
• Removal of justices from the Supreme Court
• The confirmation process

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Some technical jargon to learn

• Originalism focusing on the original meaning of
  the constitution and not trying to update it.
• Strict Constructionism interpreting the
  constitution in a conservative and ahistorical
  fashion. Upholds states rights.
• Loose constructionism- interpreting the
  constitution in a liberal and historical fashion.
  Asserts federal over states rights.

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Role of Chief Justice

• First among equals or primus inter pares
• Does not have control over the court but sets the
  tone and is a guiding influence.
• Often writes the courts opinion (ie the
  written verdict) at the end of a case.

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Appointment of Supreme Court Justices

• Drawn from diverse backgrounds in the legal
  profession. Most have been judges in lower
  federal courts or state courts.
• Some are drawn from academia or politics. Some
  have been state governors or congressman.

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The confirmation process

• The Senate Judiciary Committee cross examines the
  Presidents choice of candidate and takes
  evidence.
• The 14 strong bi-partisan committee votes but
  does not have final say. However, a lost vote at
  this stage usually means defeat in the vote by
  the whole Senate.
• Senate vote by simple majority confirms their
  appointment. Only 3 candidates have been rejected
  since WW2 (Bork, Haynesworth and Carswell)
• If the Senate is controlled by the opposite party
  to the President then they may try to block the
  Presidents choice. Example of gridlock ? Also an
  example of the politicisation of the judiciary ?

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Importance of nominations

• Presidents tend to choose candidates who reflect
  their political beliefs and values
• Ronald Reagan appointed conservative judges, as
  has George W Bush
• Each new appointment can delicately alter the
  fine balance on the court and leave a legacy that
  will long outlast the president who appointed
  them.

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Presidents and the Supreme Court

• The most famous clash between the US President
  and the Supreme Court came in the 1930s.
• President Roosevelt found many of his social
  welfare and economic policies (the New Deal)
  blocked by the Supreme Court as unconstitutional.
• Roosevelt tried to appoint six more judges but
  was over ruled by Congress. President was seen to
  be trying to pack the court with political
  judges and undermining the separation of powers
  principle.

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Some issues for debate

• Should there be fixed terms for Supreme Court
  Justices ? What about an age limit ?
• Can appointments to the Supreme Court ever be
  free of political bias ?
• For unelected judges, does the Supreme Court have
  far too much political power ?