Chapter 13 Discussion
What should be the most important considerations when filling judge and justice positions at the federal level? Why? Respond to at least 2 other students’ posts.
Chapter 13 Learning Objectives:
- Describe how judges are selected for their positions
- Identify the various influences on the Supreme Court
Remember to incorporate the course readings to form a foundation for your responses. Additionally, you must properly cite the course text (Krutz, 2020, page number). Consult the Discussion Grading Guidelines for additional details.
First peer below
What should be the most important considerations when filling judge and justice positions at the federal level? Why?
I feel that the most important consideration that should be taken when selecting justices should be how impartial their track record is. I am not a fan of judicial activism and feel it has no place in the supreme court. Leave the law making up to the elected officials and have the courts make sure those laws are constitutional. In this way I side more with justices who believe in judicial restraint. If the overall public opinion sides with certain laws, they should elect officials who side with those opinions as well.
How are judges selected for their positions:
According to the book, the president sometimes chooses nominees from a list maintained by the American Bar Association, then the nominee is debated by the Senate Judiciary Committee and after a committee vote, the candidate must be confirmed by a majority vote of the full Senate (Krutz, 2019, p. 500).
For vacancies in a lower federal court, the president often consults with that state’s U.S. senators before making a nomination (Krutz, 2019, p. 500).
Identify the various influences on the Supreme Court:
Some justices believe strongly in judicial activism, which is the need to defend individual rights and liberties, and they aim to stop actions and laws that they see as infringing on these rights (Krutz, 2019, p. 509). Other justices believe in judicial restraint, which leads them to defer decisions to the elected branches and focus on narrower interpretations of the Bill of Rights (Krutz, 2019, p. 510). While justices try to be impartial, they do try to stick with the overall public opinion as demonstrated in reversing their stance on state sodomy laws (Krutz, 2019, p. 510).
References
Krutz, G. (2019). American Government 2e. Houston, TX: OpenStax.
Second peer below
At the federal level, the courts are selected via presidential nomination. These nominations, are sometimes taken from a list formed by the American Bar Association (Krutz, 2020, p. 500). Other times, the president must rely on other sources, such as reccomendations by the Department of Justice, members of Congress, or currently sitting federal judges. When the president nominates their choice, a few things must be taken into account. In order for the judge to be confirmed, he or she must pass a confirmation by a majority of the full senate. This can be a difficult thing often, if the senate does not have the same political leanings as the current president. This can cause the president to have to choose a more moderate choice, rather than one of his own leanings, in order for the judge to pass confirmation. When a vacancy occurs in the lower federal court systems, the president typically consults with the judge’s home state senators. Through this senatorial courtesy, senators of the nominee’s home state can exert some influence over the choice of judges, allowing them to get judges that more suit their own ideology more closely (Krutz, 2020, p. 501). Once the confirmation hearing as passed with both a senate and house majority, the judge is seated in his or her court (Krutz, 2020, p. 500).
There are many influences over the judges at any level, but in the Supreme Court, they hold the seats to the highest court in the land and the influences there are more noteworthy. Some believe strongly in judicial activism, or the need to defend individual rights and liberties (Krutz, 2020, p. 509). These judges are influenced by the role of broadening personal justice, liberty, and equality. Some judges believe in judicial restraint, deferring decisions to other elected branches of government and focusing more on interpretations of the Bill of Rights (Krutz, 2020, p. 510). A judge’s own personal beliefs can also influence their decisions. Although the Supreme Court is meant to be partisan free, leaving their political ideology outside the door, it is rarely the case. A more liberal judge is more likely to side with liberal causes brought before them, an influence of their own leanings. The same can be said of conservative judges. Another influence can be swayed via public opinion. Though as lifetime appointees they have less volatility than the rest of the electorate, they can still be pushed upon by special interest groups (Krutz, 2020, p. 510).
I personally believe the considerations for filling judges is first, competency. Often times the judges that sitting presidents choose are playing more to party politics rather than the good of the courts. While the selection of judges that match the current political leanings of the president are understandable, choosing only upon this fact, and not if the judge is actually qualified to sit in the seat, is a problem. These appointments are incredibly important to the country, literally shaping the laws of the land, and a unqualified candidate that is shoved through the system is a hinderance, especially with their lifetime appointments. The courts are meant to be politics free, and I understand that is impossible since people will inherently follow their own political ideology to make decisions in a court, they are meant to interpret laws, not to push their own political ideas. The last thing that should be worried about is if the choice doesn’t lean a certain way, that they cannot pass the current senate. As long as the judge is a qualified person, worthy of holding the position, there should be no need for the senate to block nomination after nomination, or even fail to hold a confirmation hearing or vote.
Works Cited
Krutz. (2020). American government (2nd Edition) [E-book]. OpenStax.
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