Supreme Court
Oyez! Oyez! Oyez!
Basic Information…
 9 Justices
 Nominated by President
 Approved by Senate
 Hold position for life or until
retire
Judicial Review…
 Marbury v. Madison
 Reviews Constitutionality of:
 State and federal legislation
 Actions of chief executives
 Decisions of other courts
Important Terms…
 Writ of Certiorari
 Stare Decisis/ Precedent
 Remember:
 Majority Opinion
 Concurring Opinion
 Dissenting Opinion
How does the Court hear a
case?
 “Rule of Four”
 Annual docket = 8,000 cases
 Fewer than 100 heard or
reviewed
 $300 filing fee
 Quorum = 6
Factors That Influence
Supreme Court Nominations
 Party affiliation (80%
or higher)
 Judicial Philosophy
 “Litmus Test” where nominees
stand on
controversial issues
like abortion
 Background of
nominee
(education,
experience, race,
gender, ethnicity,
etc.)
 Cultivating political




support
Political favors
Interest group input
American Bar
Association
certification
Securing a “safe”
nominee
The U.S. Constitution
and the Appointment of Supreme Court
Justices
Article II, Section 2 describes the
appointment powers of the
President:
“He shall have Power, by and with
the
Advice and Consent of the
Senate …to… nominate Judges of
the Supreme Court….”
The U.S. Constitution
and the Supreme Court
Article III describes the judicial power of
the Supreme Court:
“The judicial Power of the United States,
shall be vested in one supreme Court,
and in such inferior Courts as the
Congress May …establish. The Judges,
both of the supreme and inferior Courts,
shall hold their Offices during good
Behavior…”
U.S. Supreme Court Confirmation Process
WHITE HOUSE
REVIEW
Stage 1: Presidential
Nomination
Stage 2: Senate Judiciary
Committee Hearing
Certification
FBI
Investigation
INTEREST
GROUP
Influence
MEDIA
Influence
Stage 3: Full Senate
Vote
Stage 4: Oath of Office?
U.S. Supreme Court Confirmation Process
1. White House staff
reviews candidates
and submits a short
Stage 1
list to the president
Presidential Nomination 2. FBI background
investigation
3. Candidates submit
financial disclosure
forms
4. ABA grades
candidates
5. Interest groups weigh
in on candidates
6. President selects
nominee
Stage 2
Senate
Judiciary
Committee
Hearings
1. Senate Judiciary members
and their staffs review
candidate’s background
(may conduct own
investigation)
2. Interest groups may conduct
campaigns for or against
nominee (including TV ads)
3. Intense media attention to
Senate hearings
4. Senate Judiciary Committee
questions candidate on
judicial philosophy, stands on
key issues, etc.
5. Judiciary Committee votes up
or down on nominee and
sends recommendation to full
Senate
Stage 3
Full Senate Vote
1. Floor debate on
nominee
2. Confirmation vote by
full Senate
1.
If confirmed by the
Senate, nominee
sworn in, usually by
Chief Justice
2.
Once on the Court,
justices often make
decisions on the
bench very different
from what the
nominating
President had
anticipated
Stage 4
Oath of Office
independent
judiciary