Justices of the Supreme Court

Opps! They aren’t the Justices! That’s Mrs. Stephanow and her group at the Supreme Court Summer Institute last June!

The REAL Current Justices

Chief Justice John RobertsBorn: Jan. 27, 1955.

Age: 54

Philosophy: Conservative

Time served: 4 years.

Position: Chief Justice

Nominated by: Bush 43

Sworn in: Sep. 29, 2005

Confirmation Vote: 78-22

Justice John Paul StevensBorn: April 20, 1920

Age: 89

Philosophy: Liberal

Time served: 34 years

Position: associate Justice

Nominated by: Ford

Confirmation Vote: 100-0

Commissioned: December 17, 1975

Sworn in: December 19, 1975

Justice Antonin ScaliaBorn: March 11, 1936

Age: 73

Philosophy: Very Consv.

Time served: 23 years

Position: associate Justice

Nominated by: Reagan

Confirmation Vote: 98-0

Commissioned: September 25, 1986

Sworn in: September 26, 1986

Justice Anthony KennedyBorn: July 23, 1936

Age: 72

Philosophy: Mod. Consv.

Time served: 21 years

Position: associate Justice

Nominated by: Reagan

Confirmation Vote: 100-0

Commissioned: February 11, 1988

Sworn in: February 18, 1988

Justice David SouterBorn: September 17, 1939

Age: 69

Philosophy: Moderate Liberal

Time served: 18 years

Position: associate Justice

Nominated by: Bush 41

Confirmation Vote: 90-9

Commissioned: October 3, 1990

Sworn in: October 9, 1990

Justice Clarence ThomasBorn: June 23, 1948

Age: 61

Philosophy: very Consv.

Time served: 17 years

Position: associate Justice

Nominated by: Bush 41

Confirmation Vote: 52-48

Commissioned: October 16, 1991

Sworn in: October 23, 1991

Justice Ruth Bader GinsburgBorn: March 15, 1933

Age: 76

Philosophy: very Liberal

Time served: 15 years

Position: associate Justice

Nominated by: Clinton

Confirmation Vote: 96-3

Commissioned: August 5, 1993

Sworn in: August 10, 1993

Mrs. Stephanow’s group with Justice Ginsberg.

Justice Ruth Bader Ginsberg spoke to the group for about 20 minutes.

Justice Steven BreyerBorn: August 15, 1938

Age: 70

Philosophy: Liberal

Time served: 14 years

Position: associate Justice

Nominated by: Clinton

Confirmation Vote: 87-9

Commissioned: August 2, 1994

Sworn in: August 3, 1994

Justice Sam AlitoBorn: April 1, 1950

Age: 59

Philosophy: Conservative

Time served: 3 years

Position: associate Justice

Nominated by: Bush 43

Confirmation Vote: 58-42

Commissioned: October 31, 2005

Sworn in: January 31, 2006

Each Justice is assigned to oversee a circuit.

Justice Sandra Day O’ConnorFirst Woman to serve on the Supreme Court.

Served: 1981-2006

Appointed by Pres. Reagan

She was a moderate conservative. She was replaced by Justice Alito (a more conservative Justice.)

Ms. Collins met her in 1997!

Justice Thurgood MarshallFirst African-American to serve on the Supreme Court.

Served: 1967-1991

Appointed by Pres. LBJ.

He was replaced by another African-American, Justice Thomas.

Marshall died in 1993.

Advise & Consent

Selection of Federal Judges

Selecting a nominee

• Art. II, Sec. 2, Cl. 2 gives the President power to nominate candidates to fill a vacancy.

• White House Office maintains a “short list”• White House Counsel’s Office and Justice Dept.

of Legal Counsel formally research candidates.– Speeches, writings, past rulings are strictly examined.

• Presidents usually pick someone of their own political philosophy (liberal or conservative.)

The nomination

• President sends nomination in writing to the Senate.

• House of Reps. has no role in this process; only the Senate. Const. says the Senate can “advise & consent.”

• Senate Leaders and members of the Judiciary Committee are often consulted in advance of the President naming a nominee.

• FBI conducts a very thorough background check.

American Bar Assoc. (ABA) Role

• For over 50 years, the ABA has evaluated candidates.

• No formal/constitutional qualifications for judicial nominees, but a panel of lawyers give the rating of “well qualified,” “qualified,” and “not qualified.”

• Non-binding and given to the S. Judiciary Comm. and the Justice Dept.

Committee Hearings

• Senate Judiciary Committee (18 members) conducts public hearings into the nominee’s background.

• Individuals & groups are given a change to voice their support or opposition.

• Nominee appears before the committee to answer questions on “hot-button” issues.

Senate Sponsor

• One Senator will act as a “sponsor” to help the nominee through the process. Will serve as a liaison between the nominee, the White House, and other Senators.

• May host a “murder board,” which is a mock-hearing to prepare the nominee for the tough questions coming up.

Questioning

• Nominees will need to have thought out well, carefully worded answers to anticipated questions.

• Most try to stay neutral and will not answer in detail how they might rule on upcoming cases.

• Senators have to be clever in how they ask their questions to determine the nominee’s judicial philosophy.

Interest Groups• Some do their own background check,

evaluation, and rating.• Representatives of these groups may testify

before the SJC in the confirmation hearings.• If a nominee has controversial views, these

groups will mobilize to either support or oppose them and put pressure on Senators to vote a certain way.

• Many run internet blogs to discuss the nominees.

Floor Action in the Senate

• After the hearings are complete & the SJC has voted for the nominee, it goes to the full Senate (100 members—2 per state.)

• Debate takes place and opponents make try to conduct (or at least threaten) to filibuster.– 60 votes are needed to stop a filibuster; called

cloture.

Vote & Swearing In

• Simple majority (51+) is needed for confirmation.

• If confirmed, the new justice is sworn in by the Chief Justice of the SCt.– In the case of Robert’s swearing in, CJ

Rehnquist was deceased, so the member with the most seniority swore him in—Stevens.

Robert’s swearing in.

Most important factors in choosing a nominee

• 1. Merit– Objectivity, ABA rating, write clearly and

sharply, education and scholarship

• 2. Ideology– Jurisprudence

• 3. Diversity (balancing representation)– Geography (historically)– Religion

• 4. Friendship

• Can the choice of a nominee change the makeup of the Court and the outcome of decisions?

Who might retire next?

• 1. Justice Ruth Bader Ginsberg– Health issues

• 2. Justice John Paul Stevens– Age

• 3. Justice David Souter– Word is that he doesn’t enjoy it that much anymore.

• If any of these justices retired, would it change the political make up of the court?