The U.S. Constitution The U.S. Constitution and the Appointment of and the Appointment of Supreme Court JusticesSupreme Court Justices

Article II, Section 2 describes the Article II, Section 2 describes the appointment powers of the appointment powers of the President:President:

““He shall have Power, by and with He shall have Power, by and with the Advice and Consent of the the Advice and Consent of the Senate …to… nominate Judges of Senate …to… nominate Judges of the Supreme Court….”the Supreme Court….”

Factors That Influence Factors That Influence Supreme Court Supreme Court NominationsNominations

Party affiliation (80% Party affiliation (80% or higher)or higher)

Judicial PhilosophyJudicial Philosophy ““Litmus Test” - where Litmus Test” - where

nominees stand on nominees stand on controversial issues controversial issues like abortionlike abortion

Background of Background of nominee (education, nominee (education, experience, race, experience, race, gender, ethnicity, etc.)gender, ethnicity, etc.)

Cultivating political Cultivating political supportsupport

Political favorsPolitical favors Interest group Interest group

inputinput American Bar American Bar

Association Association certificationcertification

Securing a “safe” Securing a “safe” nomineenominee

U.S. Supreme Court Confirmation Process

1. White House staff reviews candidates and submits a short list to the president

2. FBI background investigation

3. Candidates submit financial disclosure forms

4. ABA grades candidates

5. Interest groups weigh in on candidates

6. President selects nominee

Stage 1 Presidential Nomination

U.S. Supreme Court Confirmation Process

1. Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation)

2. Interest groups may conduct campaigns for or against nominee (including TV ads)

3. Intense media attention to Senate hearings

4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc.

5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

Stage 2 Senate Judiciary Committee Hearings

U.S. Supreme Court Confirmation Process

1. Floor debate on nominee

2. Confirmation vote by full Senate

Stage 3 Full Senate Vote

U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation Process

1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice

2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated

1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice

2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated

Stage 4Oath of Office