Judicial Branch Judicial Branch Warren Court From 1953

Judicial Branch

Judicial Branch • Warren Court – From 1953 to 1969 – Earl Warren presided as chief justice of the U. S. Supreme Court • Under Warren's leadership, the Court actively used judicial review to strictly scrutinize and overturn state and federal statutes • Court rulings strengthened desegregation efforts and civil liberties – Key judge on the case Brown v. Board of Education of Topeka • Court became increasingly liberal – Under heat • Political and judicial conservatives believed that the Warren Court had overstepped its constitutional role and had become a legislative body

Judicial Branch • Judicial Appointment Process – Federal Judges • President nominated a judge – Senate must confirm the President’s nomination • President’s Selection Criteria – Experience and Background » Many have had legal experience – Party Affiliation » Republican or Democrat – Political Ideology » Wants a federal judge who believes the same beliefs – Senatorial Courtesy » Nominating a judge that will have no problem being accepted by Senate

Judicial Branch • Judicial Appointment Process – Selection Process – President’s choice • Senators of Presidents party from the state where the judge will serve suggest candidates to the attorney general – For of Senatorial Courtesy All determining factor for the President’s choice • FBI conducts competency and background checks • Ask the opinion of sitting judges and justices – They may disapprove the President’s selection • Individual may campaign for the available position – Try to do enough to get the President’s attention • Check the American Bar Association – Looking at the category of “well qualified”

Judicial Branch • Judicial Appointment Process – Senate Confirmation • Senate Judiciary Committee interviews the nominee before he or she goes before the entire Senate – If the committee does not recommend the candidate = Senate will reject the nomination » Through 1998, 28 out of 146 nominees have not been confirmed by the Senate

Judicial Branch • Judicial Appointment Process – Selection gridlock • Nothing gets done between the legislative and executive branches – Because they disagree • By 1998, nearly 1 in 10 federal judgeships were vacant – 26 judges out of 82 openings going unfilled for more than 18 months » This cause for work overload in the courts and extreme delays in the court process

Judicial Branch • Members of the U. S. Supreme Court – John Roberts, Chief Justice (2005) – John Paul Stevens (1975) – Antonin Scalia (1986) – Anthony Kennedy (1988) – Clarence Thomas (1991) – Ruth Bader Ginsburg (1993) – Stephen G. Breyer (1994) – Samuel Alito, Jr. (2006) – Sonia Sotomayor (2009)