The Tensions of Judicial Appointment

1. Gabriel Becker Lauren Gerber The Tensions of Judicial Appointment

2. Process for Nomination to the Supreme Court Presidential Advisors make a list of potential Candidates. After several background checks and a recommendation from the committee on the judiciary, a vote is sent to the senate floor. If the nominee gets the majority, they are appointed to the Supreme Court.

3. �Good Behavior� A Supreme Court Justice serves a life appointment during �good behavior� Good Behavior is a lower standard than is required for officials in the executive branch This potentially long term is the reason the appointment process is so arduous.

4. �Borked� A term that arose after the Senate refused to nominate Ronald Reagan�s recommended candidate, Robert Bork, to the Supreme Court. Ted Kennedy conducted hearings that lasted twelve days, and produced a report that was over 6,000 pages long. Ultimately, Bork was rejected for nomination, and Anthony Kennedy was voted in. Borked now means ��a coordinated attack against a nominee to prevent his or her approval by the senate.�

5. �Nuclear Option� The senate can use the Filibuster to stall the appointment of a Supreme Court Justice. This has only been attempted a handful of times in history, and has worked even fewer times. The �Nuclear Option� was a proposal that suggested changing senate filibuster rules by allowing a simple majority of the Senate to vote on the approval of judicial nominees

6. Process for Nomination to the Circuit Court of Appeals The main difference is that in actuality, the Senate appoints and the President confirms. Senatorial Courtesy: a senator from the President�s party submits a list of names to the president�s staff for consideration

7. Sample FRQ The confirmation of Supreme Court justices is often a contentious process. In your essay, do the following: A) Define what is meant by the �advice and consent of the United States Senate.� B) Discuss two of the following and their relationship to the debates regarding judicial appointments: i. original intent ii. �Borked� iii. Roe v. Wade C) Explain how judicial terms of �good behavior� might affect the confirmation process.

8. Advice and consent of the United States Senate This is a constitutional phrase that gives the Senate the power to confirm or reject judicial and major executive appointments and the power to ratify or reject treaties

9. Original Intent This is a judicial philosophy that suggests the power of the Supreme Court is limited to what the founders originally meant when they wrote the Constitution This is considered a very conservative view A candidate with an �original intent� philosophy would likely have a difficult time making it through a Democratically controlled Congress

10. Borked Comes from the rejected nomination of Robert Bork (who believed in Original Intent) Suggests that the judicial confirmation process is hyper-political Candidates might be rejected if they get caught in the middle of a political conflict in Senate

11. Roe v. Wade Famous Supreme Court case involving abortion Since its decision, it�s been used as a test for Supreme Court candidates Those who support Roe are seen as liberal Those who oppose Roe are viewed as more conservative

12. Good Behavior The confirmation process is extremely demanding because Supreme Court Justices serve life appointments and because �Good Behavior� is a relatively low standard to be impeached It has been exceedingly rare for federal judges to be removed from office

13. Current Supreme Court Justices