7.1.2005

and justice for..?

Filed under: General — citizen X @ 8.44 pm

This was one of the longest periods of stability, without a vacancy on the Court, in history. It has been nearly 8 years since a justice has stepped down - it has been 180 years since the court had gone this long without a new member.

Speculation arises from the resignation of:
Justice Sandra Day O’Connor (75)
Justices Ginsburg, O’Connor, and Stevens have battled cancer, while Chief Justice Rehnquist has struggled with back problems.
The more cynical political analysis posit that several of the Justices who were appointed by Republican presidents have awaited
the return of the White House to G.O.P. hands before thinking of offering resignations.

FAQs

What is the process for making a Supreme Court nomination?

Unlike federal district court judgeships, where proposed nominees often traditionally originate from members of Congress,
the nomination of a Supreme Court Justice is very much driven by the President and senior White House staff,
with input and legwork from the Department of Justice.
Starting from a “short list” of desirable or plausible candidates, staff analyze past judicial decisions,
writings, speeches, employment history, and other information to develop a profile of a candidate
and to identify any potential obstacles to their successful confirmation.

What is the role of the Senate?

Under Article II, section 2, clause 2 of the Constitution,
the role of the Senate is to provide its advice and consent to a nomination.
Key Senators, particularly those on the Senate Judiciary Committee,
typically are consulted in advance by the White House about the merits of potential nominees.
After a nomination is made, it is assigned to the Judiciary Committee.
The Committee holds a public hearing and a subsequent vote is taken to report the nomination to the full Senate.
A majority vote of the Senate is required to confirm a nominee.

What is the role of the American Bar Association?

Since 1948, a committee of the American Bar Association
(currently the 15-member Standing Committee on the Federal Judiciary) has evaluated candidates for the federal bench,
including nominees for the Supreme Court.
The ABA panel considers professional competence, judicial temperament, and integrity,
and concludes its evaluation with a rating of “well qualified,” “qualified,” or “not qualified.”
The evaluations are provided to the Justice Department and to the Senate Judiciary Committee.
Although the ratings are not binding in any sense,
they historically have been given considerable deference
in the process of considering candidates for judicial nomination.

HOWEVER…

On March 22, 2001, the Bush Administration stated
it wiould no longer provide the ABA with names of candidates for appointment to federal judgeships prior to their nomination,
thus ending any opportunity for an ABA evaluation to enter into the decision to nominate a candidate to the bench.
The ABA has announced that it will continue to provide evaluation of the professional qualifications of nominees for the Administration,
the Senate, and the public.

(Chief Justice Rehnquist is expected to step down soon)

What is the process for selecting a Chief Justice?

The Chief Justice is not selected by his or her peers, but rather is separately nominated and confirmed.
In other words, if a sitting Associate Justice is nominated by the President to serve as Chief Justice,
a separate nomination and confirmation proceeding takes place.

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