“Equal Justice Under Law” – this inscription is written above the main entrance of the
Supreme Court building, proclaiming that every case and individual will be judged according
to the same principles. Members of the court have the duty to come to a decision, which is
free of personal and also political influences, a task that requires numerous virtues, among
them independence, incorruptibility, and the self-confidence to apply new methods that might
alter the country. Accordingly, the work of a Supreme Court justices makes high demands on
a person and it is doubtful that any judge would be able to fulfill them. Yet from which point
of view are these extraordinary individuals selected? And who has a right of codetermination
in the appointment process? Since the Supreme Court is a major policy maker in the U.S, the
appointments of the justices have a great impact on the future of the country. Consequently,
the nominations are fundamental to a number of people, organizations and interest groups, as
possible future decisions of the tribunal might transform society and American life.
This paper will investigate the selection and nomination process of Supreme Court
justices and the factors playing a role in the background. Beginning with an historical overview,
we will take a closer look at the legal foundation and the early stages of the newestablished
court. The second part attends to the qualification of justices and their ensuing
appointment, also taking into consideration the various demographic factors that might
influence a selection nowadays. Subsequently, the focus will be on interest groups and other
society-relevant organizations, which take an interest in the tribunal and concentrate their
attentio n on the selection of justices who are of importance to them. Finally, the thesis will go
into the role presidents play in the selection procedure and to conclude I will summarize the
results that follow from this work.
Table of Contents
1. Introduction
2. Historical Overview over the Institution ‘U.S. Supreme Court’
2.1 Legal Background
2.2 The Origins of the Judicial System
3. U.S. Supreme Court Recruitment
3.1 Qualifications
3.2 Appointment Process
3.3 Influence of Race, Religion, and Gender
3.3.1 The Religious Factor
3.3.2 The Racial Factor
3.3.3 Gender Equality or ‘Quota-Woman’?
4. Impact of Political and Society-Relevant Groupings
4.1 Interest Groups and Lobbyists in the Background
4.2 The Attempt to Influence through Supreme Court Justices
5. Presidential Interest in the Supreme Court
5.1 Historical Nomination Process – Presidents and their Allies
5.2 Franklin Delano Roosevelt’s Judicial Reform Plan
6. Conclusion
Research Objectives and Core Themes
This paper investigates the selection and nomination process for U.S. Supreme Court Justices, examining how political, demographic, and interest-group factors influence these appointments, and analyzes the evolving role of the President in this procedure.
- Historical foundations of the U.S. Supreme Court and the recruitment process.
- The influence of demographic factors such as race, religion, and gender on judicial selection.
- The impact of interest groups, lobbyists, and professional associations like the ABA.
- The advisory and political roles of sitting justices in the appointment process.
- Presidential strategies, political loyalty, and the attempt to 'pack' the court.
Excerpt from the Book
3.3.1 The Religious Factor
Nowadays other factors are shaping the modern Supreme Court, predominately religion, race, and gender. Yet, can these personal aspects be viewed as a reason for appointment or are they rather barriers? While thoroughly investigating the Court’s history it becomes evident that 93% of the former justices came from “established protestant religions” and “[o]f the remaining 13, 8 were Catholic and 5 were Jews.” Taking these figures into consideration the question arises whether we can speak of an established ‘Roman Catholic’ or ‘Jewish Seat’, how court observers call it.
Until today eight Roman Catholic justices have been members of the nation’s highest tribunal, among them Chief Justice Roger B. Taney who was nominated by President Jackson in 1836 and served till 1864, Associate Justice Edward D. White who was appointed by Cleveland and served from 1894-1910 as associate and was then promoted chief justice (he died in office in 1921) and Frank Murphy, serving from his appointment by F.D. Roosevelt in 1940 until 1949.
Since the selection of Edward D. White in 1894, the so-called ‘Catholic seat’ was somehow regarded as a ‘reserved seat’ for Roman Catholic justices and until the death of Frank Murphy it became an unwritten rule to nominate a justice of catholic belief if the seat became vacant. However, in 1949 Truman broke this rule and nominated Protestant Tom C. Clark who served the High Bench until 1967, leaving no room for another catholic aspirant. This situation changed with the appointment of William J. Brennan, Jr. by President Eisenhower in 1956 and it was said, that [o]ne analysis of the Brennan appointment reported that Eisenhower may have promised Francis Cardinal Spellman that he would restore the ‘Catholic Seat’ on the Court, which had been vacant since Justice Murphy’s death in 1949. […] Clearly the administration had considered Brennan’s religious affiliation.
Summary of Chapters
1. Introduction: Outlines the significance of Supreme Court appointments and the research goals regarding the nomination process.
2. Historical Overview over the Institution ‘U.S. Supreme Court’: Examines the legal foundations of the Court under Article III and the origins of the judicial system established by the Judiciary Act of 1789.
3. U.S. Supreme Court Recruitment: Analyzes the appointment process, qualification standards, and the growing influence of demographic factors like religion, race, and gender.
4. Impact of Political and Society-Relevant Groupings: Explores how interest groups, lobbyists, and Supreme Court justices themselves attempt to influence the nomination of candidates.
5. Presidential Interest in the Supreme Court: Details how Presidents leverage appointments to align the Court with their political principles and reviews historical strategies, including FDR's reform plans.
6. Conclusion: Summarizes the findings, reflecting on the political vulnerability of the nomination process and the implications for judicial independence.
Keywords
Supreme Court, Judicial Appointments, Nomination Process, Interest Groups, Lobbying, Presidential Power, Article III, Judiciary Act, Religious Factors, Racial Factors, Gender Representation, American Bar Association, Political Influence, Judicial Independence.
Frequently Asked Questions
What is the primary focus of this work?
The paper explores the complexities of the selection and nomination process for U.S. Supreme Court Justices and how various factors, including political strategy and societal interest, influence these decisions.
What are the central themes covered?
Key themes include the historical development of the Court, the role of demographic characteristics (race, religion, gender), the power of interest groups, and presidential strategies for managing appointments.
What is the core research question?
The work seeks to understand the criteria and motivations behind the selection of Supreme Court justices, specifically asking how political and social factors influence the process beyond mere legal merit.
Which methodology is employed in this research?
The author utilizes a historical analysis of U.S. Supreme Court appointments, relying on constitutional law documents, historical precedents, and political theory literature to evaluate the shift in nomination dynamics.
What does the main body discuss?
It provides a deep dive into the legal origins of the Court, the informal practices of recruitment, the evolution of 'representative' seats (Catholic, Jewish, Black, Women), and the increasing influence of partisan politics and lobbying.
Which keywords define this work?
Essential terms include Supreme Court, Nomination Process, Political Lobbying, Presidential Influence, and Judicial Independence.
How does the author characterize the influence of religion on the Court?
The author discusses the historical development of 'reserved' seats for specific religious denominations, such as the Catholic and Jewish seats, and explores how these were initially barriers before becoming considerations for political representation.
What was Franklin Delano Roosevelt's goal with his judicial reform plan?
Roosevelt aimed to enlarge the Court to overcome the conservative opposition (the 'Four Horsemen') that was obstructing his New Deal programs, effectively seeking to change the ideological composition of the bench.
- Quote paper
- Ilka Kreimendahl (Author), 2002, Appointment and Nomination of Supreme Court Justices, Munich, GRIN Verlag, https://www.grin.com/document/37916
