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Becoming a US Supreme Court Justice

Aug 21, 2024

Lecture: Becoming a US Supreme Court Justice

Overview

  • Job Attributes:
    • Power, pay, prestige, and job security.
    • Position on the highest federal court in the US.

Appointment Process

  1. Nomination
    • Nominated by the President of the United States.
  2. Senate Approval
    • Nomination must be approved by the Senate.
  3. Formal Appointment
    • President formally appoints the nominee to the court.

Qualifications

  • Constitutional Requirements:
    • No specific requirements (age, education, profession, citizenship).
  • Historical Precedents:
    • 6 foreign-born justices.
    • Some without formal education or young appointees (as young as 32).

Ideological and Personal Considerations

  • Presidents tend to nominate individuals sharing their ideology.
    • Liberal presidents nominate liberals, and vice versa.
  • Unpredictability of appointees' decisions (e.g., Eisenhower and Warren).
  • Other factors: experience, personal loyalties, ethnicity, gender.

Vetting and Senate Judiciary Process

  • Thorough Vetting:
    • Includes personal background checks, tax records, etc.
  • Senate Judiciary Committee Hearings:
    • Interviews and hearings about the nominee's record and stance on issues.
    • Aim to discover any past indiscretions.
  • Committee Recommendation:
    • Sends nomination with positive, negative, or no recommendation.
    • Political leanings can influence the recommendation.

Senate Approval

  • Most rejections occur when the Senate majority differs from the President's party.
  • Approval requires a simple majority vote; ties broken by the Vice President.

Final Appointment Steps

  • Oaths:
    • Constitutional and Judicial oaths to administer justice fairly and impartially.
  • Lifelong Tenure:
    • Position held for life unless resigned, retired, or impeached.
    • No justice has been removed by impeachment to date.

Role and Responsibility

  • Primary Role:
    • Protect fundamental rights of Americans.
  • Expectations:
    • As per Irving R. Kaufman: "a paragon of virtue, an intellectual Titan, and an administrative wizard."

Legacy

  • Each justice leaves behind a legacy of decisions and opinions.
  • Legacy debated by time and history.