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 …show more content…
When John Roberts was asked if he supported Roe v. Wade, he stated that “the case was now precedent in constitutional law and entitled to due respect.” He also insisted staying away from “issues that may come before the court again” (Dye and Gaddie 2014). While I agree that it is important to know the viewpoints of these judges on specific cases, it is also important to note that these judges, when appointed, may change their opinions with time, as we have seen with justices that deviate from the nominating president’s political philosophy. It is stated that due to this reason, “it is futile to choose nominees and confirm them on the basis of their political views” (Standler …show more content…
Federal judges are held to very high standards, hence they must meet all requirements, including succeeding in the litmus test, although this may not be the sole basis of appointing a Supreme Court justice. Standler, in his work, How to Select a Justice for the U.S. Supreme Court, rated former Supreme Court justices, Byrnes and Whittaker, as “failures.” He further mentioned that “Byrnes had dropped out of school at age 14 y and attended neither college nor law school. Justice Byrnes was, however, a lawyer in South Carolina since 1903.” Additionally, “Whittaker dropped out of high school at age 16 y, never attended college, attended law school at night in Kansas City” (Standler
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 …show more content…
When John Roberts was asked if he supported Roe v. Wade, he stated that “the case was now precedent in constitutional law and entitled to due respect.” He also insisted staying away from “issues that may come before the court again” (Dye and Gaddie 2014). While I agree that it is important to know the viewpoints of these judges on specific cases, it is also important to note that these judges, when appointed, may change their opinions with time, as we have seen with justices that deviate from the nominating president’s political philosophy. It is stated that due to this reason, “it is futile to choose nominees and confirm them on the basis of their political views” (Standler …show more content…
Federal judges are held to very high standards, hence they must meet all requirements, including succeeding in the litmus test, although this may not be the sole basis of appointing a Supreme Court justice. Standler, in his work, How to Select a Justice for the U.S. Supreme Court, rated former Supreme Court justices, Byrnes and Whittaker, as “failures.” He further mentioned that “Byrnes had dropped out of school at age 14 y and attended neither college nor law school. Justice Byrnes was, however, a lawyer in South Carolina since 1903.” Additionally, “Whittaker dropped out of high school at age 16 y, never attended college, attended law school at night in Kansas City” (Standler