POS lesson 3 & 4

judicial temperament

professional expertise & competence

personal & professional integrity

Able-minded

Appropriate education or training

Ability to communicate clearly

no

president shall nomination w/ advice and consent of the Senate, shall appoint Judges of the Supreme Court

• checks and balances, requires majority vote 1/2 to confirm

President is a mirror of society

Congress is a mirror of society

→ they dont just confirm anyone

nominee qualified

ideologically compatible w/ senate

senate and president are the same party

president power (is he a sitting duck)

perceived change in balance of power in S.C.

they do not answer to both branches, do not answer to the people, do not make the laws

Judicial Oath: “faithfully and impartially discharge and perform all duties incumbent upon me“

Constitutional Oath: “I will support and defend the Constitution of the US“

Professional competence

personal patronage and rewarding party faithful

“representative“ factors: religion, race, ethnicity, gender

ideology and legal policy goals

confirmability by senate

geographical region of origin

religious beliefs

to chose or arrange (jury, committee) in such a way as to secure some advantage or to favor some particular side or interest

• not adding seats, only congress can do this

“hit a home run“ by their standards, switched power in the court

failed packing

judges as successes, but an accident

success in the short run

• problem in the long problem can’t foreseen

appoints John Marshall to Chief Justice

• strengthened SC as institution, established independent federal judiciary

• focused on uniting the court, unanimous opinions

  • doctrine of judicial review

Chief Justice John Marshall

first Chief Justice: John Jay (colorful robe)

Ideology: Federalist

Served in Revolution

Proven Leaders

Good reputation

Geographical Diversity

• Johnson, Livingston, Todd

• wanted to pack the court with Republicans

In Marshall Court, which is focused on unanimous decisions

Story becomes close with Marshall

Todd: advised by Jefferson, seen as a insignificant justice

Advocate for state rights (some say he caused civil war), opponent of national banking, loyal to Jackson

appointed 5 justices

• once appointed you can not control their actions and loyalty

Harlan known as Great Dissenter in civil right cases

• Plessy v. ferguson

• says later he has no backbone

united at first to expand the power of the federal government by later divided bc of Civil Rights issues

1. Accurate

2. Not accurate, civil rights issues divided the court

attempted but 2/4 voted against him for unconstitutional power when attempting to seize steel mills

failed

• claims they are his mistakes from his presidency

Thurgood Marshall

• home run as a civil rights activist

neither party can foresee what issues will come

25% failure rate

• comes from the 1800s

  • 1900-1968 only 1 nominee was rejected

failed more than others

1/9 justices nominees were actually confirmed

talking a bill to death without having to vote on it

• seen as “nuclear option“ voting to end debate

• unlimited debate

  • can be ended with a now a 3/5 (60 votes)

  • judicial nominees now with 51 votes

Democrats, majority leader Reid

end filibuster on all lower court judge nomination hearings with 51 votes

republican majority leader McConnell

• eliminates filibuster on Supreme nominees

  with 51 votes

new deal

incorporation

warren court

roe v wade (1973)

televised hearings (1981)

judicial philosophy maps party politics

civic polarization

said they had raw, naked power

socialist

worked to appeal to southerns who apposed expanded federal power and liberal civil rights laws

anti SC decisions about

School pray (1962) Busing (1971) Abortion (1973) Affirmative Action (1978)

• said they weren’t interpreting but making the laws

he wanted to pack the court with like-minded justices

• he did not succeed Blackmun and Rehnquist moved party lines during certain cases

• roe v wade, who they resigned under

Burger (loyal)

Blackmun (turned)

Powell (loyal)

Rehnquist (turned)

resigned under Clinton a Democrat

wrote Roe v Wade majority

example of can’t predict future

• wrote majority opinion which strikes down federal statue that wanted to overrule Miranda

replaced a democrat justice with a democrat justice

-resigned under Obama

O’Connor - R first women 99/0

Rehnquist - now Chief Justice

Scalia - 98/0

Bork - defeated

Ginsburg - withdrawn

Kennedy - 97/0

Compatible with the D Senate: NO

Senate same party as president: no

President Powerful: no sitting duck

Perceived change in balance: Yes

tried to rebrand himself as a centrist but mad unusual assurances on how he might vote if confirmed

• he contradicted much of what he stood for and the character of the position

perceived as a legal technician

not perceived a ideological

he disclaimed a jurisprudence of original intention

• was purposive (living constitution) rather than direct intent of the founding fathers

Scouter- resigned under Obama, seen as not a real conservative

Thomas - controversy sexual misconduct

criticism bc he was repeating his “up-by-the-bootstraps“ philosophy and personal struggle

• guarded answers about he prior writings

Ginsburg: starts pincer movement

Breyer

refuses to comment on how they would vote bc it might come up in a future case

Roberts- current Chief Justice, R replaces R

Miers - withdrawn

Alito- R replaced R

justices like scalia and thomas

who won’t “legislate from the bench“

umpires, they use the rules (laws) not create them

Sotomayor- D replaces R

Kagan - D replaces R

Garland - withdrawn, R have control of the senate now president is a laying duck, switching the majority and seat

compelling personal background

impressive record as a judge

diversity she brought to the bench

judges in the mold of Scalia

Judges who would overturn roe v wade

judges who would defend second amendment

To get a nominee confirmed in one’s last year, the Senate must be controlled by the same party as the President.

Gorsuch- replaces R

Kavannaugh - replaces R

Barrett- replaces D

jackson- d replaces d