AP Government
“Judicial Decisions”
(1) Judicial
Compensation
• Justices in federal
courts make salaries
(in 2008) in excess of
$155,000 and up to
$217,000
• This is good money,
but is not close the
annual compensation
they could make as an
equity partner at a
private law firm (over
$1 million)
Wisconsin Supreme Court Convenes
(2) Selection of
State Judges
• In more than half the sates
the governor appoints the
state judges, often in
consultation with judicial
nominating commissions
• In some states, nominations
for judges must be confirmed
by the state legislature
• In other states judges are
selected by partisan,
nonpartisan, or legislative
election
• Wisconsin has supposedly
nonpartisan elections of
judges (see left)
(3) Judicial
Vacancies
• Federal judge positions are for
life (unless impeached)
• They typically do not became
vacant unless a federal judge
retires or dies
• Presidents must consider
carefully the judges they
appoint, as their decisions will
typically affect the nation for a
long time
• As they are lifetime
appointments, Presidents try
to pick nominees who are
sympathetic to their general
views
(4 & 5) Judicial Appointments
• Senatorial courtesy – a
norm under which a
nomination for a federal
court position (below the
Supreme Court) must be
acceptable to the home
state senator from the
President’s political party
• The most important
motivating force behind
judicial appointments is
ideology (the degree to
which the nominees
opinions and past legal
decisions are conservative
or liberal)
(6) American Bar
Association
• American Bar Association –
biggest organization of
lawyers in the nation
• The ABA has been involved
in screening candidates for
federal bench since 1946
• This is customary role, not
one required by law
• Getting a “well-qualified”
rating by the ABA is an
important factor in
supporting a nominee
(7) Diversity in Nominations
• Which President since Jimmy Carter
has the most federal court nominees
in each of the following areas:
– Women
• Clinton
– African Americans
• Clinton on chart (Obama now)
– Hispanics/Latinos
• George W. Bush on chart
(Obama now)
– Most Liberal Judges
• Carter (Obama not rated by
text, but less likely to have
more liberal judges due to
partisan confirmation process)
(8) Confirmation of Nominees
• The President is not shackled by senatorial courtesy
when filling positions on the Supreme Court
• However, these nominations draw far more attention,
which limits the President’s options, and requires
Presidents to consider who will get approved by the
Senate
• The most important factor in the rejection of a nominee
is partisan politics
How can President
Obama’s nominees
get blocked if the
Senate has had a
Democratic majority?
(9)
Federal
Cases
• Only 10% of federal civil and criminal cases get to trial
• Many civil suits are settle, or the parties give up, or the
courts dismiss the suits as not resolvable
• Many criminal cases end in a plea bargain with the
defendant admitting guilt in exchange for a less severe
punishment
(10) Implementation of Decisions
• Implementation of Supreme
Court decisions depends on
how they are worded
• If they were ambiguous or
vague, they will be harder to
implement
• Brown v. Board said integration
of schools should take place
“with all deliberate speed,” and
yet many schools were still
segregated years later
• When controversial decisions
are handed down, those who
oppose the decision will drag
their feet in carrying them out
(11) Decisions and
Public Opinion
• Supreme Court decisions
sometimes lag behind pubic
opinion, but they rarely seem
far out of line with it
• This is due to 3 factors:
– The Court has shown
deference to national laws
and policies which typically
echo public opinion
– The Court moves closer to
public opinion during periods
of crisis
– Rulings that reflect the public
view are subject to fewer
changes than rulings that
depart from public opinion
(12) Class Action Suits
• Class action suit – a procedure
by which similarly situated
litigants may be heard in a
single lawsuit
• These suits give legal power to
individuals against more
powerful opponents by
pooling their resources
• These suits have helped
groups make claims involving
civil rights, legislative
apportionment, and
environmental problems in
ways single lawsuits could not
(13) Reaching
Decisions
California Supreme Court
• What state has the least
number of state supreme
court decisions followed
by other states?
• Where does Wisconsin
rank in this category?
• Judges reach decisions by
paying attention to the
views of other courts (not
always above, but even
below)
• State Supreme Courts will
look at the decisions of the
Supreme Courts in other
states, especially on issues
that are new to them
• California State Supreme
Court decisions have been
followed in other states’
decisions more than any
other state
• Likewise, US District Courts
will look at the decisions of
other US District Courts