Strengths & Weaknesses of the Supreme Court Nomination Process

?
  • Created by: e.r.123
  • Created on: 16-06-21 21:30

Strengths & Weaknesses of the Supreme Court Nomination Process

Advantages

  • Detailed scrutiny of every nominee - any past misdemeanour is likely to be uncovered.
  • Several opportunities for unsuitable candidates to be withdrawn from the process.
  • The Senate Judiciary Committee undertakes detailed scrutiny of the candidates.
  • Senate confirmation provides an important check on the power of the president - they must choose a candidate who will command sufficient support from senators.
  • Attempts by presidents to pick justices who share their political philosophy are not always successful - G.W. Bush appointed David Souter in 1990, but Souter was an unexpectedly liberal member of the Court.

Disadvantages

  • Presidents usually try to choose nominees who appear to support their own political philosophy.
  • The Senate Judiciary Committee appears to be politicised - questioning from the opposition party is often aggressive and does not analyse judicial expertise.
  • Questioning from the president's party is generally much softer - carries out little effective scrutiny.
  • Voting by the Senate usually takes place on party lines - POLITICAL.
  • The Senate's refusal even to consider Merrick Garland (Obama) in 2016 was in effect a violation of the president's right to appoint a justice.
  • April 2017: Republicans removed the requirement for the nominees to pass a 50-vote threshold in the Senate. Nominees are now confirmed by a simple majority vote.
  • The politicisation of the process is increased by pressure group campaigns for or against nominees.
  • Media interest in nominees can be intrusive and may focus on personal life/politics.

Evaluation

The Supreme Court nomination process ensures a thorough scrutiny of each nominee, ensuring the selection of the most qualified candidate. However, the nomination process may be seen to be politicised, destroying the judicial nature of the Court, which was intended in the Constitution.

Comments

No comments have yet been made

Similar Government & Politics resources:

Unit 4
See all Government & Politics resources »See all The Supreme Court resources »