The death of Supreme Court Justice Antonin Scalia set off shockwaves throughout a polarized Washington D.C. Senate Republicans wasted little time stating that any nominee from President Obama would not even get a hearing. Claiming that the people of the United States should have a voice in this process. Or in other words “We are stalling and hoping that we win the White House in November”. While it is only one seat, that one seat could drastically change the course of American history. The Supreme Court consists of a Chief Justice and eight associate justices. The Chief Justice is John G. Roberts and the associate justices are Clarence Thomas, Samuel Alito, Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsberg, Stephen Breyer and Anthony …show more content…
This is what many Republican Senators believed President Obama would do. Senator Orrin Hatch from Utah stated “this appointment is about the election. So I’m pretty sure he’ll name someone the [liberal Democratic base] wants” However, to the shock of many Obama did quite the opposite. On March 16, President Obama nominated Merrick Garland to take Associate Justice Scalia’s seat. The Chicago native graduated magna cum laude from Harvard Law School and worked as a federal prosecutor for the U.S. Department of Justice. He played the lead role in the investigation and prosecution of the Oklahoma City bombers. Mr. Garland is not as conservative as former Associate Justice Scalia, he is more of a moderate. Also Mr. Scalia was well known for his argumentative style. This was illustrated quite clearly in his frequent and angry dissents of his colleague’s majority opinion. Conversely Mr. Garland works to unite and mold opinions to be unanimous. In his nineteen years on the United States Court of Appeals, he has only penned sixteen dissents. A former law clerk for Mr. Garland stated “From an early point in his tenure in the D.C. Circuit, Judge Garland has demonstrated an uncommon ability to identify common ground among his fellow judges, that he manages to do so without in any way sacrificing his core judicial principles is truly remarkable” Another name on the short list was Sri Srinivasan, who many believed Mr. Obama was
In Supreme Conflict, Jan Crawford Greenburg provides insightful analysis and assessment of the politics surrounding the Supreme Court appointment process of Justices during the Rehnquist Court. Despite having seven conservative nominees the Rehnquist Court was deeply disappointing to those conservatives hoping to reverse decades of progressive rulings on key social issues. Throughout the book Greenburg describes both positive and negative appointments and nominations such as Anthony Kennedy Clarence Thomas, and David Souter. Greenburg also includes some background on the impact the Warren and Berger Courts had on the Rehnquist and later Roberts Courts.
First, one would want to look at Judge Garland’s background and try and see why President Obama would choose to nominate him. Judge Garland quickly made a name for himself by going after corrupted politicians and those who have committed violent crimes. For example, one of Garland’s cases was the bombing of Oklahoma City in the 1990s. The bombing resulted in 168 deaths in which most of them were kids. In the end, Garland
The President is required to submit a nominee for the supreme court to replace any Justice that has retired or died. However, that is just the first step. The nominee then must be voted on by the members of congress. However right now the Republicans in congress are refusing to even see the President's nominee for the supreme court. They say that it is not up to the current president to choose the next supreme court nominee because he has less than a year left in his term. The congress members that are the same political party as the president are saying that it is congress's constitutional responsibility to at least see the nominee, interview him and then vote on him. Their argument is that it is the congress's constitutional duty to vote on the nominee. They say that they do not have to approve the nominee they just have to vote on the person. The republicans are still refusing to even see the nominee claiming that the president does not have the authority to nominate a new justice and demand that congress
Over the course of the last eight years, the senate became hyper partisan due to unprecedented obstruction and filibuster. Republicans overused filibuster, resulting in the difficulty of Obama appointing any new persons. This is when Democrats brought the nuclear option before the senate. As this occurred, Senator Mitch McConnell stated, “I say to my friends on the other side of the aisle, you’ll regret this. And you may regret this a lot sooner than you think” (Berman). Inadvertently, Mitch McConnell foreshadowed the future political events. McConnell is a Republican, transparently showing his feelings about the decisions made by the—at the time—majority. Contradicting McConnell’s statement, Senator John McCain expresses that, “This is a body blow to the institution, and I think we’re on a slippery slope.” Recalling past confirmation wars, McCain cannot simply agree with the idea relying completely on majority votes because of the controversy; however, he did follow suit with voting likewise other Republican senates (Kane). Even with disagreements, the Republican party as a whole still manages to shut down the Democratic
The most political story of the year,as reporters call it, happened last thursday as the Neil Gorsuch appeared before the senators for a confirmation hearing. One of the reasons many Americans voted for Donald Trump was the fear of another Democrat appointing yet another liberal judge to the supreme court. In recent times the court has often ruled on politics, which has been disputed by many Americans, who have expressed their fear regarding the situation. Following this, Mr Trump nominated 49 year old Neil Gorsuch from Colorado, who has a very solid judicial record and an honourable reputation.
President Obama’s judicial candidates look dissimilar from their predecessors. For example, the bulk of President Obama’s appointments are women and nonwhite males. Forty-two percent of his judgeships
If the Supreme Court Justices were subjected to term limits there confirmation hearings would be not as brutal. The Senate would know the appointee
As politics roar between foreign policy, presidential campaigning and for a while now the vacant seat from the late Anthony Scalia, we can see opinions from both parties for and against the filling of the seat for many reasons. As the US nation, wide spreads the presidential campaign, we see many viewpoints, drawing in from all over for the nominee pickings in November, with not a large choice in the presidential race we see much of the fighting rebelling against the vacant seat too. With politician's voice suggesting that the people have a choice of who fills the seat, while the president and congress have other thoughts, has created a large split between the houses, while the Supreme Court is equally split to figure out how to unequally figure
NPR’s legal affairs correspondent, Nina Totenberg, described a “horrible political storm” brewing over the Supreme Court of the United States (“CNN,” 2016, p. 1). While reporting for CNN, Totenberg used these words to draw attention to the untimely death of Justice Antonin Scalia in an era of modern politics in which the court has become more polarized than ever. The Supreme Court, the highest court of the land, is not only being severely impacted by partisan ties, but is now also deciding cases according to these biased beliefs. The Democratic and Republican parties, after corrupting and encroaching upon the federal judiciary, have made court nominations and rulings into a game of party politics, inevitably destroying the impartiality of the
The role of politics in the Supreme Court became clear when the Senate rejected President Reagan’s Supreme Court nomination of Robert Bork in 1987. Many people consider Bork one of the most qualified Supreme Court nominees ever, but his extremely conservative views on civil rights, abortion, and gender equality, among other issues, led to his 58-42 defeat in the Senate. The politicization of the Supreme Court is a widely-debated topic that often begins with the Justices themselves and the role of ideology. Some scholars argue that politics’ role in Senate confirmation hearings for Supreme Court nominees overshadows a nominee’s judicial philosophy and qualifications. A particular policy stance can impact the way the Senate and the
In a recent event, one of Supreme Court Justices has passed away. Theoretically, the President would have to appoint a new justice and also have that nomination to be confirmed by the Senate. But recently Senate has declined to support Barack Obama approval on the new member of Justice. Now, statistically, the Senate is controlled by the Republicans by fifty four to forty six. This causes the Democrats to lose the majority in the Senate. Due to this Republicans are seeing this as a loophole to stop the nominations of a new Justice nominated in favor of a Democratic President. Instead of Congress members letting go of the rivalry in the two sets of parties, Republicans or known as the Senate has decided that it would be a good idea to leave only 8 Justices in the
The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.
The United States government consists of three branches, with an important Supreme Court made up of nine justices. Hence, when Antonin Scalia died, it only makes sense that President Obama appoints another judge to fill in the spot. Article II, Section 2, Clause 2 of the Constitution elucidates this power by stating “[the president] shall nominate, by and with [a]dvice and [c]onsent of the Senate… [j]udges of the supreme Court.” In the periodical, “Obama Taps Merrick Garland as Supreme Court Nominee,” this clause demonstrates its power in two manners. First, Obama decides to nominate Merrick Garland to the Supreme Court. Second, in the article, the Arkansas Attorney General paraphrases the Constitution and states that the “ Senate has an equal
Associate Justice Antonin Scalia was sworn into the Supreme Court on September 26, 1986 and was nominated by President Ronald Reagan. He took the place of Associate Justice William H. Renquist when Renquist was sworn in as Chief Justice. Justice Antonin Scalias' political affiliation is Republican. Justice Antonin started his career as a commercial lawyer for a brief period. He then taught Law at The University of Virginia. After about 4 years of teaching he went into government service starting under President Nixon and then President Ford. During President Carters reign, Justice Antonin left government service to go back to teaching law. He went back into government service under President Reagans administration and was appointed to the U.S. Court of Appeals for Washington D.C. Justice Antonin Scalia attended Georgetown University and graduated as the Valedictorian of his class. He then went on to attend and graduate from Harvard Law School. He is married and had nine children.
The United States Supreme Court currently seats nine justices that vary in age, gender, and have many similarities and differences between them. Compared to other governmental figures the nine justices are not well known. Every time a new justice is added they are placed together wearing large black robe for photographs. The justices are responsible for reviewing petitions that are sent to them. These petitions can range from illegal locker searches to cases in which two lower courts have reached conflicting decisions. Their roles are significant as they give last chances to hopeless people.