Structure of the Federal Structure of the Federal
Courts Courts Supreme ChoiceSupreme Choice Process & Politics Process & Politics
of Presidentialof Presidential
Nominations Nominations
to the to the
Supreme CourtSupreme Court
Chapter 16, Chapter 16, Themes B & CThemes B & C
State Route Federal Route
The Federal CourtsThe Federal Courts
Federal District CourtsFederal District Courts: : Have original jurisdiction in most federal Have original jurisdiction in most federal
criminal & civil cases.criminal & civil cases. 94 districts, at least one per state. 94 districts, at least one per state. Nearest courthouse is Elizabeth City. Nearest courthouse is Elizabeth City. Are “work horses of the federal system.” Are “work horses of the federal system.”
Most cases heard here. Most cases heard here. Only federal court where a jury trial is Only federal court where a jury trial is
held. All others have bench trials. held. All others have bench trials.
The Federal CourtsThe Federal Courts
US Court of AppealsUS Court of Appeals: : 12 regular circuits, including 1 in D.C. 12 regular circuits, including 1 in D.C. Judges sit in panels of 3. Judges sit in panels of 3. Hear only appeals. Hear only appeals. NC in Circuit 4, centered in Richmond, VA. NC in Circuit 4, centered in Richmond, VA. The 13The 13thth circuit or “Federal Circuit” was circuit or “Federal Circuit” was
created in 1982 in Washington, DC to hear created in 1982 in Washington, DC to hear civil appeals from several courts & the civil appeals from several courts & the Patent Office.Patent Office.
US Judicial CircuitsUS Judicial Circuits
The Federal CourtsThe Federal Courts Legislative CourtsLegislative Courts: Help Congress : Help Congress
exercise its power:exercise its power: US Claims CtUS Claims Ct.: Hear money suits vs. US (Civil Court).: Hear money suits vs. US (Civil Court) US Tax CtUS Tax Ct.: Hear civil disputes with IRS (Civil Court).: Hear civil disputes with IRS (Civil Court) Ct. of Military AppealsCt. of Military Appeals: Also called GI’s Supreme Court : Also called GI’s Supreme Court
(Criminal Appeals)(Criminal Appeals) Ct. of Veteran AppealsCt. of Veteran Appeals: Hear disputes over benefits with : Hear disputes over benefits with
the Dept. of VA (Civil Court)the Dept. of VA (Civil Court) Territorial CourtsTerritorial Courts: Run like state courts. Territories are : Run like state courts. Territories are
US Virgin Islands, Guam, Puerto Rico, N. Marianas US Virgin Islands, Guam, Puerto Rico, N. Marianas Islands. (Criminal, Civil, Territorial Constitutional)Islands. (Criminal, Civil, Territorial Constitutional)
DC CourtsDC Courts: Run like municipal courts in most large : Run like municipal courts in most large cities. (Civil & Criminal Courts)cities. (Civil & Criminal Courts)
Appointments to the Federal Appointments to the Federal BenchBench
Review process.Review process. What is senatorial courtesy & What is senatorial courtesy &
when is it used?when is it used? Counter to Constitution?Counter to Constitution? When is this practice irrelevant?When is this practice irrelevant?
Why is appointing a Justice so Why is appointing a Justice so scrutinized today?scrutinized today?
Political Cartoon APolitical Cartoon ATitle: The Supreme Court Location
Mike Keefe, The Denver Post, Oct. 6, 2004http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon BPolitical Cartoon BTitle: Qualifications
www.frugal-cafe.com/public_html/frugal-blog
Political Cartoon CPolitical Cartoon CTitle: Supreme Court - 31 Flavors
Robert Ariail, The State, Aug. 10, 2005http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon DPolitical Cartoon DTitle: The Confirmation Process
www.frugal-cafe.com/public_html/frugal-blog
Political Cartoon EPolitical Cartoon ETitle: Go My Pretties!
Henry Payne, The Detroit News, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon FPolitical Cartoon FTitle: Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/
Factors That Influence Factors That Influence Supreme Court NominationsSupreme Court NominationsFactors That Influence Factors That Influence Supreme Court NominationsSupreme Court Nominations
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, gender, ethnicity, etc.)etc.)
Cultivating Cultivating political supportpolitical support
Political favorsPolitical favors Interest group Interest group
inputinput American Bar American Bar
Association Association certificationcertification
Securing a “safe” Securing a “safe” nomineenominee
The U.S. Constitution The U.S. Constitution and the Appointment of Supreme and the Appointment of Supreme
Court JusticesCourt Justices
Article II, Section 2 describes the appointment powers of the President:
“He shall have Power, by and with the Advice and Consent of the Senate …
to… nominate Judges of the Supreme Court….”
The U.S. Constitution The U.S. Constitution and the Supreme Courtand the Supreme Court
Article III describes the judicial power of the Supreme Court:
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”
U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessStage 1: Presidential
Nomination
Stage 2: Senate Judiciary Committee Hearing
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Stage 3: Full Senate Vote
WHITE HOUSEREVIEW
Certification
MEDIAInfluence
FBIInvestigation
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INTERESTGROUPInfluence
Stage 4: Oath of Office?
U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation Process1. White House staff reviews
candidates and submits a short list to 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
independentjudiciary