Identify and discuss the steps involved in appointing and confirming a federal judge. What is the litmus test? Include the steps taken by the Senate. (Selection criteria is in the next question.)
All federal judges are nominated and selected in the same way, regardless of the judiciary level on which they will serve. Federal court appointments are made by the president. After much consideration, the president publicizes his nomination to a federal court. Almost routinely, the FBI does background check on all potential nominations. After the nomination is known, public opinion and lobbying interest groups make their stance known before the official decision. The American Bar Association often weighs in as well, but their oppinion carries no official meaning. The nomination then goes to a special senate committee, known as the Senate Judiciary Committee. If the committee approves of the nomination, the name goes to the senate floor for a decision. This system is the checks- and- balances way of appointing federal judges. The executive branch nominates whoever they want, but the legislative branch must approve. The litmus test is what the president uses to determine if his nomination will either pass the senate vote or, when inaugurated, act as the president would like. Often times, a republican president choses a judge who ends up making liberal to moderate dicisions, such as Sandra Day O' Connor, who was appointed by Reagan in 1981.
Litmus test--Some observers believe that candidates must pass a "litmus test" or a test of ideological purity before they can be nominated and confirmed. One recent litmus test has been the individual's view on abortion rights. Another hot button issue is strict or loose construction of the Constitution.
For lower courts presidents usually run a list of nominees by the senators of the state for their approval. This is called "senatorial courtesy."
Only 27 of 140 nominees to the Supreme Court have been rejected by the Senate.
During the confirmation process, interest groups will use the following to influence senators: 1. testify at Judiciary Committee hearings 2. appear on talk shows 3. send letters to or buy ads in newspapers 4. organize mass protests 5. use direct mail or email to urge members to contact senators 6. campaign contributions to senators
All federal judges are nominated and selected in the same way, regardless of the judiciary level on which they will serve. Federal court appointments are made by the president. After much consideration, the president publicizes his nomination to a federal court. Almost routinely, the FBI does background check on all potential nominations. After the nomination is known, public opinion and lobbying interest groups make their stance known before the official decision. The American Bar Association often weighs in as well, but their oppinion carries no official meaning. The nomination then goes to a special senate committee, known as the Senate Judiciary Committee. If the committee approves of the nomination, the name goes to the senate floor for a decision. This system is the checks- and- balances way of appointing federal judges. The executive branch nominates whoever they want, but the legislative branch must approve. The litmus test is what the president uses to determine if his nomination will either pass the senate vote or, when inaugurated, act as the president would like. Often times, a republican president choses a judge who ends up making liberal to moderate dicisions, such as Sandra Day O' Connor, who was appointed by Reagan in 1981.
ReplyDeleteLitmus test--Some observers believe that candidates must pass a "litmus test" or a test of ideological purity before they can be nominated and confirmed. One recent litmus test has been the individual's view on abortion rights. Another hot button issue is strict or loose construction of the Constitution.
ReplyDeleteFor lower courts presidents usually run a list of nominees by the senators of the state for their approval. This is called "senatorial courtesy."
Only 27 of 140 nominees to the Supreme Court have been rejected by the Senate.
During the confirmation process, interest groups will use the following to influence senators:
1. testify at Judiciary Committee hearings
2. appear on talk shows
3. send letters to or buy ads in newspapers
4. organize mass protests
5. use direct mail or email to urge members to contact senators
6. campaign contributions to senators