Whether engaging their colleagues in conference or thinking…
Whether engaging their colleagues in conference or thinking in their private chambers, justices to the Supreme Court are influenced by a range of factors when deciding winners and losers in cases. Such factors include how they view the role of the Supreme Court (i.e., judicial activism or restraint), their political ideology and political preferences (i.e., conservative or liberal), their personal background (i.e., race, gender, ethnicity, religion, parenthood, education, etc.), and the “court of public opinion.” Both Republicans (2017) and Democrats (2013) altered Senate rules to ban the use of the filibuster on nominations to the federal courts, meaning senators can no longer delay the confirmation process of federal judges to the bench. Fifty votes of support, with the Vice President casting the tie-breaking vote, are now enough. Once confirmed, federal judges serve lifetime appointments, and they retain their positions so long as they maintain “good behavior.” Justices, of course, make controversial and consequential decisions. When nominating candidates to join the most important court, what qualities should the president emphasize? Rank the following factors from important (1) to least important (9): Political ideology (conservative or liberal) Gender Race Age Religion Endorsement of the American Bar Association, an organization of lawyers A law degree** Prestige/importance of law school (Ivy League vs. non-Ivy League) Area of legal expertise (constitutional law, family law, corporate law, property law, criminal law, international law, etc.) **The last justice to be appointed who did not attend any law school was James F. Byrnes. He didn’t graduate from high school, he taught himself law, and he passed the bar at the age of 23! He also holds the record for the shortest service in the Supreme Court—15 months (1941-1942). He joined FDR’s Cabinet.