Litmus Test

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The Selection of Supreme Court Justices and the Litmus Test
The selection and appointment of US Supreme Court judges are important to the management of cases involving the laws of Congress and the Constitution. Therefore, this process is complex. Under the constitution, presidents have the power to “nominate justices, and, in doing so, they have employed several criteria at different times, including professional merit, ideological compatibility, and political support by the president and his advisers” (Dorsen 2006). The Senate also has the constitutional authority to confirm or reject the president’s nominations (Dye and Gaddie 2014). In the history of the US Supreme Court, there have been 112 appointed justices, and over 30 presidential nominations
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An illustration includes Byron White’s hearing testimony, whereby most of it was about White’s athletic prowess. “The senators talked about how wonderful it would be to have someone on the Court who understands professional football and baseball.” Senator Hart joined the conversation and mentioned that White was a result of good raising of male children, but Senator Long interrupted, saying that he was raising girls and “that they too can look with great admiration towards physical prowess” (Collins and Ringhand, 2012). This is direct request from the Senate on White’s take on gender discrimination, but it shows how the Judiciary Committee indirectly assessed White’s assertion on gender discrimination, using his physical …show more content…
Supreme Court justice, I would probe the candidates on their stance on abortion rights. This is a controversial issue that was considerately resolved by the Supreme Court in 1973 in Roe v. Wade. Laws rendering abortion illegal have supposedly done more harm than good, as they have encouraged underground abortion. In Roe v. Wade, supported by democrats, “the Supreme Court sought the appropriate legal balance between the rights of women and the rights of developing fetuses.” They decided that “before a fetus can live outside the womb (1st and 2nd trimester, or 6 months), women have a right to choose. After a fetus is viable, states may prohibit all abortions, as long as they make exceptions where a woman’s life or health are in danger” (Democrats). Republicans disagree with Roe v. Wade, and desire to illegalize all abortions regardless of the life or health of the woman. This is similarly to anti-abortion laws in “fundamentalist regimes” like Saudi Arabia (Democrats). Utilizing an issue as controversial as abortion rights will reveal to me the ideology (beliefs) of the nominees. It will tell me how liberal or conservative they are; if they care about the people to let them decide for themselves or they care about the rules to ensure they are strictly adhered to; and if they fall in the grey

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