A Lifetime of Law:
The Process of Supreme Court Appointments
Article III of the Constitution establishes the Judicial Branch of our government,
represented by the Supreme Court. The structure of the court is left to Congress —
there have been as few as six members, but since 1869 we’ve held to the standard of
nine justices, including a chief justice. All justices are nominated by the president,
confirmed by a majority vote in the Senate, and hold their offices for life.
The only way a federal judge can be “fired” from his or her job is through
impeachment by the House of Representatives and conviction in the
Senate. Otherwise, justices serve until their death or retirement.
W H Y D O AP P O INTME NTS MATTE R?
The Supreme Court is the
highest court in the United
States, and the state courts must
follow any decisions they make.
Because of their lifelong
appointments, Supreme Court
justices have a great deal of
power.
They never have to face reelection, and they don't have to
make sure that their decisions
please the Senate or the
president who appointed them.
The average
justice serves for
14 yrs and retires
at the age of 71.
WH O CAN B E A J U S T I C E ?
There are no specific rules in the Constitution that
discuss the qualifications of judicial candidates, so
technically the president is free to nominate anyone
he or she likes. However, in reality, there are attributes
that nominees should have in order for them to be
well qualified and have any chance of approval in the
Senate. Typically, justices:
Are lawyers or have
graduated from
law school
Have been
federal
judges
Have
political
experience
THE RO AD TO AP P O INTME NT
The president contacts many sources for nominee
recommendations, including the Department of Justice,
the Federal Bureau of Investigation, members of Congress,
sitting judges and justices, and the American Bar Association.
Some judicial hopefuls nominate themselves.
#1
#2
Once someone is nominated and his or her
name is released to the public, the Senate holds
public hearings. They interview the nominee
regarding his or her record as a judge and
lawyer and where the candidate stands on key
issues as well as examine any indiscretions.
#3
The Senate votes on
the nominee. If there
is a simple majority in
favor of the candidate,
he or she becomes the
new justice.
The newly appointed justice takes two oaths.
The first is the judicial oath administered by the
chief justice in the presence of other members
of the Court. The second is administered in
open court.
#4
The majority of Supreme Court nominees are approved by the Senate. Since the Supreme Court was established in 1789, only 36
nominees have been rejected or declined to serve, including:
Harriet Miers:
Withdrew her nomination
after opposition from both
conservative and liberal
lawmakers about her record.
Robert Bork:
Nominated by Ronald
Reagan, he was defeated
by a vote of 58 to 42 after
intense opposition from a
Democratic senate for his
views.
FA C I N G R E J E C TIO N
#1
#2
Clement Haynsworth &
G. Harrold Carswell:
Both were nominated by
Richard Nixon and rejected
by the senate for their views
on segregation, among other
controversies.
THE P O LITICS OF CHOOS ING A NEW JU S T ICE
#3
No thanks!
There can be many potential consequences for a president (and
his or her political party) when choosing a Supreme Court Justice.
Usually a president will appoint someone who shares his or her
beliefs, knowing that there will be many important decisions
made by that justice for years to come. In addition, they must
consider:
Experience: Along with a law degree, judicial
or governmental experience is ideal.
There are several ways that a nominee can fail to become a
Supreme Court Justice:
1. The nominee declines the nomination.
2. If there is opposition to a candidate, the president or the
nominee can withdraw himself or herself from the running.
3. The Senate rejects the nominee.
Once rejected, a nominee can be submitted again, but this is
usually not done, as it is very unlikely for a previously rejected
nominee to make it through the appointment process a second
time.
Political Ideology: Liberal presidents usually
appoint liberals to the courts. Likewise,
conservative presidents tend to appoint
conservatives.
Loyalties: Most appointees belong to the
president's political party. Although less
common today, presidents may appoint
friends and supporters to federal judgeships.
Ethnicity & Gender: Until recently, most
judges were white men. Today, having diversity
among federal judges is increasingly more
important. Recent presidents have appointed
African Americans, Latinos, women and other
minorities.
What do yo u t hink a re t he mo s t imp o r t a nt qu a l i t i e s a c h i e f j u st i c e
should have? D o y ou a gree w i t h t he c ur ren t a p p o i n t m e n t p ro c e s s ?
W hat wo uld y ou c ha nge?
S T UDE NT GOV E R N M E N TA L A F FA IR S PROGRA M | SGA P. org |
http://www.content.time.com/time/specials/packages/article/0,28804,1895379_1895421_1895437,00.html ; www.content.time.com/time/specials/packages/article/0,28804,1895379_1895421_1895541,00.html; www.content.time.com/time/specials/packages/article/0,28804,1895379_1895421_1895542,00.html; www.npr.org/sections/itsallpolitics/2012/12/19/167645600/robert-borks-supreme-court-nomination-changed-everything-maybe-forever; www.senate.gov/pagelayout/reference/nominations/Nominations.htm; www.people.howstuffworks.com/supreme-court-appointment.htm; www.ushistory.org/gov/9d.asp; www.whitehouse.gov/1600/judicial-branch