Judicial Nomination And Confirmation Process
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Judicial Nomination And Confirmation Process
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts
language : en
Publisher:
Release Date : 2002
Judicial Nomination And Confirmation Process written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Supreme Court Appointment Process
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Author : Denis S. Rutkus
language : en
Publisher: DIANE Publishing
Release Date : 2010-08
Supreme Court Appointment Process written by Denis S. Rutkus and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08 with Law categories.
Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.
Questioning Judicial Nominees
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Author : Congressional Service
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-09-14
Questioning Judicial Nominees written by Congressional Service and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with categories.
The U.S. Constitution vests the Senate with the role of providing "advice" and affording or withholding "consent" when a President nominates a candidate to be an Article III judge-that is, a federal judge entitled to life tenure, such as a Supreme Court Justice. To carry out this "advice and consent" role, the Senate typically holds a hearing at which Members question the nominee. After conducting this hearing, the Senate generally either "consents" to the nomination by voting to confirm the nominee or instead rejects the nominee. Notably, many prior judicial nominees have refrained from answering certain questions during their confirmation hearings on the ground that responding to those questions would contravene norms of judicial ethics or the Constitution. Various "canons" of judicial conduct-that is, self-enforcing aspirational norms intended to promote the independence and integrity of the judiciary-may potentially discourage nominees from fully answering certain questions that Senators may pose to them in the confirmation context. However, although these canons squarely prohibit some forms of conduct during the judicial confirmation process-such as pledging to reach specified results in future cases if confirmed-it is less clear whether or to what extent the canons constrain judges from providing Senators with more general information regarding their jurisprudential views. As a result, disagreement exists regarding the extent to which applicable ethical rules prohibit nominees from answering certain questions. Beyond the judicial ethics rules, broader constitutional values, such as due process and the separation of powers, have informed the Senate's questioning of judicial nominees. As a result, historical practice can help illuminate which questions a judicial nominee may or should refuse to answer during his or her confirmation. Recent Supreme Court nominees, for instance, have invoked the so-called "Ginsburg Rule" to decline to discuss any cases that are currently pending before the Court or any issues that are likely to come before the Court. Senators and nominees have disagreed about whether any given response would improperly prejudge an issue that is likely to be contested at the Supreme Court. Although nominees have reached varied conclusions regarding which responses are permissible or impermissible, nominees have commonly answered general questions regarding their judicial philosophy, their prior statements, and judicial procedure. Nominees have been more hesitant, however, to answer specific questions about prior Supreme Court precedent, especially cases presenting issues that are likely to recur in the future. Ultimately, however, there are few available remedies when a nominee refuses to answer a particular question. Although a Senator may vote against a nominee who is not sufficiently forthcoming, as a matter of historical practice the Senate has rarely viewed lack of candor during confirmation hearings as disqualifying, and it does not appear that the Senate has ever rejected a Supreme Court nominee solely on the basis of evasiveness.
The Appointment Process For U S Circuit And District Court Nominations
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Author : Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2014-10-22
The Appointment Process For U S Circuit And District Court Nominations written by Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-22 with Political Science categories.
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee. The need for a President to make a circuit or district court nomination typically arises when a judgeship becomes or soon will become vacant. With almost no formal restrictions on whom the President may consider, an informal requirement is that judicial candidates are expected to meet a high standard of professional qualification. By custom, candidates who the President considers for district judgeships are typically identified by home state Senators if the latter are of the President's party, with such Senators, however, generally exerting less influence over the selection of circuit nominees. Another customary expectation is that the Administration, before the President selects a nominee, will consult both home state Senators, regardless of their party, to determine the acceptability to them of the candidate under consideration. In recent Administrations, the pre-nomination evaluation of judicial candidates has been performed jointly by staff in the White House Counsel's Office and the Department of Justice. Candidate finalists also undergo a confidential background investigation by the FBI and an independent evaluation by a committee of the American Bar Association. The selection process is completed when the President, approving of a candidate, signs a nomination message, which is then sent to the Senate. Once received by the Senate, the judicial nomination is referred to the Judiciary Committee, where professional staff initiate their own investigation into the nominee's background and qualifications. Also, during this pre-hearing phase, the committee, through its “blue slip” procedure, seeks the assessment of home state Senators regarding whether they approve having the committee consider and take action on the nominee. Next in the process is the confirmation hearing, where judicial nominees engage in a question and answer session with members of the Judiciary Committee. Questions from Senators may focus, among other things, on a nominee's qualifications, understanding of how to interpret the law, previous experiences, and the role of judges.
Supreme Court Nominations
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Author : Denis Steven Rutkus
language : en
Publisher: TheCapitol.Net Inc
Release Date : 2009
Supreme Court Nominations written by Denis Steven Rutkus and has been published by TheCapitol.Net Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Judges categories.
This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.
Strategic Selection
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Author : Christine L. Nemacheck
language : en
Publisher: University of Virginia Press
Release Date : 2007
Strategic Selection written by Christine L. Nemacheck and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.
Electing Justice
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Author : Richard Davis
language : en
Publisher: Oxford University Press on Demand
Release Date : 2005-03-10
Electing Justice written by Richard Davis and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-10 with Law categories.
Davis offers an illuminating tour of the current confirmation process, discussing the increasing role of interest groups, the press, and the public in the selection of Supreme Court Justices. First he examines in detail the history and nature of the process, then he looks at the impact of other players. His conclusions about how non-political actors affect the outcome of Supreme Court Justice selection leads him at the end of his book to suggest controversial reforms.
Appointment And Nomination Of Supreme Court Justices
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Author : Ilka Kreimendahl
language : en
Publisher: GRIN Verlag
Release Date : 2005-04-26
Appointment And Nomination Of Supreme Court Justices written by Ilka Kreimendahl and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-26 with Literary Collections categories.
Seminar paper from the year 2002 in the subject American Studies - Culture and Applied Geography, grade: 1,0 / A, University of Kassel, course: Amerikanische Entwicklung im Spiegel ausgewählter Entscheidungen des Supreme Court, language: English, abstract: “Equal Justice Under Law” – this inscription is written above the main entrance of the Supreme Court building, proclaiming that every case and individual will be judged according to the same principles. Members of the court have the duty to come to a decision, which is free of personal and also political influences, a task that requires numerous virtues, among them independence, incorruptibility, and the self-confidence to apply new methods that might alter the country. Accordingly, the work of a Supreme Court justices makes high demands on a person and it is doubtful that any judge would be able to fulfill them. Yet from which point of view are these extraordinary individuals selected? And who has a right of codetermination in the appointment process? Since the Supreme Court is a major policy maker in the U.S, the appointments of the justices have a great impact on the future of the country. Consequently, the nominations are fundamental to a number of people, organizations and interest groups, as possible future decisions of the tribunal might transform society and American life. This paper will investigate the selection and nomination process of Supreme Court justices and the factors playing a role in the background. Beginning with an historical overview, we will take a closer look at the legal foundation and the early stages of the newestablished court. The second part attends to the qualification of justices and their ensuing appointment, also taking into consideration the various demographic factors that might influence a selection nowadays. Subsequently, the focus will be on interest groups and other society-relevant organizations, which take an interest in the tribunal and concentrate their attentio n on the selection of justices who are of importance to them. Finally, the thesis will go into the role presidents play in the selection procedure and to conclude I will summarize the results that follow from this work.
Judicial Nominations Filibusters And The Constitution
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights
language : en
Publisher:
Release Date : 2003
Judicial Nominations Filibusters And The Constitution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Supreme Court Appointments
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Author : Norman Vieira
language : en
Publisher: SIU Press
Release Date : 1998
Supreme Court Appointments written by Norman Vieira and has been published by SIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees. President Ronald Reagan's nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees.