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AGENDA
Article III
• About the Federal Courts
• U.S. Supreme Court
• U.S. Circuit Courts of Appeals
• U.S. District Courts
ARTICLE II
• Judicial Nominations Process
VACANCIES & NOMINATIONS
• Current Overview
• U.S. Supreme Court
• U.S. Circuit Courts of Appeals
• U.S. District Courts
ARTICLE III
U.S. Constitution
Article III, Section I
“The judicial power of the United States, shall be vested in
one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish. The
judges, both of the supreme and inferior courts, shall hold
their offices during good behaviour, and shall, at stated
times, receive for their services, a compensation, which
shall not be diminished during their continuance in office.”
ARTICLE III:
ABOUT THE FEDERAL COURTS
• Supreme Court hears only 75-80 cases for more
than 10,000 petitions submitted to the Court
annually.
• Circuit Courts receive more than 55,600 filings
annually.
• District Courts receive more than 390,500 filings
annually.
ARTICLE III: ABOUT THE FEDERAL
COURTS - U.S. SUPREME COURT
One Chief Justice:
• John G. Roberts, Jr.
Eight Associate Justices:
• Anthony M. Kennedy
• Clarence Thomas
• Ruth Bader Ginsburg
• Stephen G. Breyer
• Samuel Anthony Alito, Jr.
• Sonia Sotomayor
• Elena Kagan
• VACANT
ARTICLE III: ABOUT THE FEDERAL COURTS U.S. CIRCUIT COURTS OF APPEAL
179 Courts of Appeals Judgeships Authorized
http://judicialnominations.org/
ARTICLE III: ABOUT THE FEDERAL
COURTS - U.S. DISTRICT COURTS
673 District Court Judgeships Authorized
http://www.fedbar.org/Public-Messaging/About-US-Federal-Courts_1.aspx
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
U.S. Constitution
Article II, Section II
“The President… shall nominate, and by and with the
advice and consent of the Senate, shall appoint
ambassadors, other public ministers and consuls, judges of
the Supreme Court, and all other officers of the United
States...”
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Step 1: President Nominates
Home-State Senators
• Selection Process (e.g., judicial selection commissions, independent
senatorial panels)
• Sends recommendations to President
Vetting & Investigation
• White House Counsel
• U.S. Department of Justice Office of Legal Policy
• While the White House is reviewing the nominee, the ABA may also
conduct a confidential review to declare the nominee as well-qualified,
qualified, or not qualified. In some Administrations this review happens
during the Senate review process.
Public Announcement
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Step 2: Senate Judiciary Committee Evaluates
Nominees
Nominees complete and submit a Senate Judiciary
Committee Questionnaire.
Committee staff and members may conduct further
background research.
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Blue Slip
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Step 3: Senate Judiciary Committee Hearing
• Question & answer session with Senate Judiciary
Committee members
• Public Witnesses
• Questions for the record
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Step 3: Senate Judiciary Committee Reports Out
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Hold Over
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Committee Reports Nominee Out
Nominees are usually reported out of Committee
favorably, but the Committee can report out the
nomination in any of these ways:
Favorable
Unfavorable
Without Recommendation
Rejection
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
Step 4: Senate Floor
Executive Calendar
Confirmation Vote
Judicial Vacancy
Announced
Step 1:
President
Nominates
Step 2: Senate
Judiciary
Committee
Evaluates
Step 3: Senate
Judiciary
Committee
Reports
Step 4: Senate
Confirmation
Vote
ARTICLE II:
JUDICIAL NOMINATIONS PROCESS
President Signs Commission
Judge Takes Her/His Oath of Office
Judge Has Her/His Investiture
VACANCIES & NOMINATIONS
A judicial vacancy arises when a judge retires, takes
senior status, is elevated, or otherwise leaves office.
VACANCIES & NOMINATIONS:
LOWER COURTS
WHAT IS HAPPENING?
• Approximately 13% of Article III Judgeships are
Vacant
• Longstanding Vacancies
• U.S. Circuit Court of Appeals for the 7th Circuit: over 6 years
• High Caseloads
• There are 42 judicial emergencies
VACANCIES & NOMINATIONS:
U.S. SUPREME COURT
What Usually Happens & When?
Judicial
Vacancy
Announced
President
Nominates
30 days
from
Vacancy
Nominee has
Courtesy
Meetings
with Senators
Senate
Judiciary
Committee
Evaluation
Senate
Judiciary
Committee
Reports
Senate
Confirmation
Vote
Hearing 42
Days from
Nomination
Reports Out
57 Days
from
Nomination
70 Days from
Nomination
Based on Supreme Court nominations since 1975.
VACANCIES & NOMINATIONS:
U.S. SUPREME COURT
Timeline of Current Supreme Court Vacancy
2.13.2016: Justice Scalia unexpectedly passed away
• Senate Majority Leader Mitch McConnell (R-Ky.) declared
he would not provide ANY consideration for ANY of
President Obama’s Supreme Court nominees
3.16.2016: President Obama Nominated Chief Judge
Merrick Garland (D.C. Cir.)
• NO hearing; NO floor votes
As of January 3, 2017, Chief Judge Garland’s
nomination expired. He had been waiting 293 days.
VACANCIES & NOMINATIONS:
U.S. SUPREME COURT
Timeline of Current Supreme Court Vacancy continued
On January 31, 2017, President Trump nominated
Judge Neil Gorsuch (10th Cir.) for this vacancy.
VACANCIES & NOMINATIONS:
U.S. SUPREME COURT
Who is Judge Neil Gorsuch?
Does It Matter?
• One Justice Matters
• President Trump has applied a series of litmus tests
to this nominee
• What do we know about his record?
• Is he out of the mainstream?
• What questions should Senators ask the nominee?
WHAT IS THE
U.S. SUPREME COURT
• The Supreme Court’s job is to decide disputes
between the states and, most importantly, to
decide important questions of federal law.
• Federal law mostly comes from two places: laws
passed by Congress and the U.S. Constitution.
• Some of our rights under the U.S. Constitution
include free speech, assembly, religion, petition,
owning guns, freedom from unlawful searches and
seizures, right to a lawyer, etc.
HOW THE U.S. SUPREME COURT
AFFECTS YOUR LIFE
•
•
•
•
Questions to Consider
Can anyone think of some ways that the Supreme
Court impacts your life right now?
What kinds of big cases have you heard of in the
past few years?
What is freedom of speech?
How could the Supreme Court relate to President
Trump’s executive orders on immigration?
FOCUS ON THE
SUPREME COURT JUSTICES
•
•
•
•
Questions to Consider
Do you think it matters who the Supreme Court
Justices are?
What kind of people do you think should serve on
the Supreme Court?
What should the President take into account before
appointing a justice?
What should the Senate consider before confirming
a justice?
RESOURCES
• U.S. Courts (History, Authorizations, Judges,
Vacancies, etc.): www.uscourts.gov
• Senate Judiciary Committee:
www.judiciary.senate.gov
• Judicial Nominations (Vacancies, Nominations,
News):
• www.judicialnominations.org
• http://www.afj.org/our-work/issues/judicial-selection
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