Chapter 4 - The appointment process

Question 1

What are the 5 stages of appointing a Supreme Court Justice?

Answer 1

• A vacancy occurs.
• The president start a search for a replacement.
• The president announces their nominee.
• The Senate Judiciary Committee makes a recommendatory vote.
• The Senate debates and votes on the nomination.

Question 2

When did Ruth Bader Ginsberg die?

Answer 2

September 2020

Question 3

When did Anthony Kennedy resign from the Supreme Court?

Answer 3

July 2018

Question 4

What is meant by the Supreme Court being an echo chamber?

Answer 4

Justices stay on beyond the president that nominated them, so the influence of previous presidents remains through their Supreme Court appointments.

Question 5

What role does the Senate Judiciary Committee play in the appointment process?

Answer 5

Once someone is nominated the Senate Judiciary Committee then holds hearings with witnesses that can support or oppose the nominee. They then take an advisory vote on the nominee.

Question 6

When was the last rejection of a Supreme Court nominee?

Answer 6

Robert Bork in 1987 - he was too closely tied to Nixon and Watergate.

Question 7

Who was Obama’s nomination that the Senate simply declined to consider and why?

Answer 7

Merrick Garland in 2016 - they argued it was too close to the election and the new president should decide.

Question 8

What are the 4 strengths of the confirmation process?

Answer 8

• The FBI scrutinises the background of every nominee.
• Senate Judiciary Committee hearings also provide detailed scrutiny of a nominee’s suitability.
• Senate confirmation is an important check on the President, as they must be mindful of who they choose.
• The ABA provides additional and impartial information.

Question 9

What are the 5 weaknesses of the confirmation process?

Answer 9

• Process has become over-politicised with people nominated based on their political leanings rather than experience and legal competence.
• The Senate Judiciary Committee has also become politicised, with opposition questioning becoming aggressive and personal while the president’s party fails to scrutinise at all.
• Not all interest groups are as impartial as the ABA: the conservative Federalist Society and the progressive American Constitution Society are partisan influencers.
• The public nature of the confirmation process leads to a media circus and highly partisan reporting.
• The process reinforces the divide between ‘liberals’ and ‘conservatives’ on the court, making it harder for them to be an impartial referee.

Question 10

What did the Republican Chair of the Senate Judiciary Committee say about Amy Coney Barrett after the hearings, that would suggest the process is politicised?

Answer 10

‘In another time, in another place, you would get everybody’s vote. It’s not about you. It’s about us.’

Question 11

PG 198 = factors influencing…

Answer 11

look at the key term boxes on the previous page too