Supreme Court Appointments

Confirmation to the Supreme Court of the United States:

Supreme Court Judges are nominated and confirmed like other Federal Judges, although there is usually more preparation made by the nominee, there is far more press, and far more attention to the confirmation hearings and process. Often these confirmation procedures are high politicized.

Throughout the history of the United States Supreme Court, appointments of Justices has rocked the Constitutional system which established a nomination by the President and a confirmation by the Senate's responsibility to Advise and Consent. After every appointment the strength of the checks and balances has been nourished and the Nation faced with a fight and occasional needs to bind up the wounds of nomination controversy. But - the process has explored issues of great importance and moved the process of civilizing the society in a generally forward way. After a ten year hiatus in appointments - this next round of appointments will be "new business" for many Americans, and a reminder of the way we are governed under the Constitution.

The Formal Nomination

The President of the United States is charged in the Constitution with Nominating a person to be a Justice of the Supreme Court. That name is forwarded to the United States Senate which Advises and Consents to that nomination or does not. If Consent is given, the person is sworn in immediately to be a Justice. A person is nominated to be Justice or Chief Justice.

Advise and Consent

The Senate of the United States is charged by Constitution to Advise and Consent to any nomination to the Supreme Court. Without that Consent, a person cannot become a Justice of the Supreme Court

General Federal Judge and Supreme Court related news and information:

Firin' the Judge: 12-7-10

Federal Judges - who have a lifetime appointment - can be removed from office only by Impeachment (or indictment) by the House of Representative and a trial and conviction by the United States Senate.

These are unusual events because most federal Judges who get into legal trouble serious enough to bring on an Indictment resign from office early in the charging period to try to save retirement money and the high cost of an Impeachment and Trial.

However, an impeachment trial is occurring today on the floor of the United States Senate. The investigation has been going on for months, and it all comes to a head today. The judge is likely to be convicted - and the consequences are a formal removal from office. If criminal charges are involved, they are resolved in the usual criminal justice system applied to all persons.

The Senate agenda for today shows some details of the trial, some will be in executive session (secret.)

A Court Justice in Core Trouble

11-08-10 When Justice Clarence Thomas was elevated to the Supreme Court of the United States in 1991 in what is a historically contentious confirmation process, there were several loose ends when it was over. There was, and is, a strong belief in many that there were serious sexual harassment issues which were buried in the fury of the process. Thomas' cantankerous public persona does not help the situation, nor does his judicial policy, but he has a right to each of those. But the Justice appears to be headed to a political disaster because of his personal life.

His wife is very publicly involved in the far right political exercise. Again, that is surely her right and privilege, but it irritates, right or wrong, those that would prefer Thomas were not on the Supreme Court bench. But the smoldering disaster took a new twist when she asked Anita Hill, the apparent target of his sexual indiscretions for an apology for Hill's testimony against Thomas during the 1991 confirmation hearings. (A number of reasonably balanced books and a series of polygraph studies over the years generally confirm Hill's testimony as probative. These are backed up by other women connected to Thomas one way or another during that period, all of whom had harassment issues with him. A new book out about all this in recent days may have triggered the call, too.)

By now, Chief Justice Roberts of the Supreme Court, has undoubtedly had a "Come to Jesus" meeting with Thomas cautioning him about managing all this without further damage to the Supreme Court itself. It is probably too late because Mrs. Thomas' conduct suggests there is a still hidden new serious issue which triggered the call - a suspicious wife might well make that sort of call.

Former Senator John Danforth of Missouri, (R), has said in recent years that his support of the Thomas nomination - Thomas was from Missouri - was a mistake. The gossipy sort of way Mrs. Thomas' call has been treated as rude and unpleasant, but way too much experience in way too many people involved in politics suggests there is at least one more fact which is not yet public. A Thomas couple divorce and a resignation from the Court, stubborn as Justice Thomas is, would be a place to make at least a two dollar bet.

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Federal Judges have long been one of the most stable and sensible parts of the United States government. In recent months the number of Judges under examination for misconduct has grown dramatically - causing serious alarm across the legal system. A detailed study appears in the Houston Chronicle today. 10-13-08

Throughout the long Presidential primaries and general campaign for 2008, Supreme Court Judge appointments has been a important issue with a real impact on voter decisions. Mitt Romney - campaigning on behalf of the McCain ticket - reminded an audience in Elko, Nevada, that John McCain would make judicial nominations along the lines of the Bush Samuel Alito and John Roberts appointments. 10-4-08

Confirmation News

This is information about the recent Supreme nominations of President Obama. The confirmation is now complete 3-14-2011.

The President is nominating Elena Kagan as Justice to replace John Stevens. It will be a fight, but she will be confirmed. 5-10-10

Justice Stevens has speculated on retirement for several months - particularly in recent days as his 90th birthday comes along. Justice Ginsberg has been ill with a relatively aggressive form of cancer and that means that another opening is likely reasonably to be expected. It is a good bet that if Stevens retires at the end of the present term in June, the Justices are in good communication in the background and Justice Ginsberg feels she is going to continue for another year or two.

Speculation is already endless on who is going to be on the short list of nominees on the President's desk - and it is going to stay speculation until there is both an opening based on a Steven resignation announcement, and an actual announcement of a nomination by the President. Surely one of the issues in the West Wing is how to get another nomination through the Senate confirmation process. The Republicans are going to be difficult regardless of the nominee and try to block any nomination. They can get away with that for awhile - but will lose in the long run. That is nature of the confirmation process for the Supreme Court. The President will surely select a relatively liberal nominee, and probably a candidate from a diverse ethnic background, and very possibly, another woman. The background of the candidate will be cannon fodder for the 2010 Congressional election battle.

Because of the Ginsberg illness, there could be another opening at almost any time.

09-07- 09 Judge Sotomayor makes her first public times on the Supreme Court this week, hearing a left-over case from the last term. The regular term of the Court opens in early October

7-29-09 Judge Sotomayor's nomination to the Supreme Court has been reported from the Senate Judiciary Committee to the whole Senate with a 13-6 positive vote. The appointment is historic because of the Judge's Latina background, the first Hispanic to be appointed to the Court in its history. One Republican on the Committee supported the nomination. A full floor vote of the Senate is expected by August 6th when the Senator goes on its summer recess. If confirmed by the Senate with a majority vote, the Judge will surely be sworn in immediately and will begin the process of organizing her office such as hiring lawyer interns and considering the cases which will be considered by the Supreme Court in its Fall 2009 term. The Judge is generally considered a moderate judge in prior decisions, and will increase the number of women to two, replacing Justice Souter who is retiring.

05-02-09 - President Obama is likely to have two or three Supreme Court appointments during his Presidency. This has largely to do with the age of the present Justices, or their various illnesses which may cause them to leave the Court. The Democrats will be able to confirm almost any candidate who does not have legal issues, such as unpaid income taxes, etc. Normally those defects are eliminated during the vetting process - but not always. The Justice Thomas confirmation was got mixed up in sexual harassment charges. The Republicans forced that nomination through the confirmation process in the United States Senate - and the Democrats are likely to do the same - whatever the opposition politically. If Obama's conduct in appointments so far is any indication of where he is going - these nominations will include a couple of women, probably an Hispanic in the mix - all logical Democratic nominees. He is almost certain to select nominees who are committed to a woman's right to choose in reproduction matters, and Roe v. Wade. He probably consolidates the Supreme Court as a liberal tilted Court for at least 30 years. The conservative forces will be livid about it in public - whatever they practice in private.

The next 3-4 months will be a classic study in how that nomination and confirmation process in the Senate works! 05-02-09

High End Patronage Update: Now that the Illinois seat is filled by the former Governor - the Congress has an itch to amend the Constitution to make Senate replacements elective rather than appointive. If they get around to it - the amendment is likely pass. The Governor appointment system through the last century has produced some strange and not very representative people - wives, kids, buddies, etc etc. Watch for an early move to amend! 2-06-09

The President-Elect's open Senate seat in Illinois has reminded us of really high end forms of personal patronage tucked away in our Constitution's 17th Amendment. That power of appointment is vested in the Governors of the several States.

From the signing of the Constitution until April 18th, 1913, the state legislatures selected Senator - with increasing abuse and corruption until the new amendment gave that power to the People in the following words of the 17th Amendment:

"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution."

The Governor of Illinois has appointed a replacement under this power for the seat of Barack Obama. He apparently tried to "sell" the appointment - a common abuse in patronage issues, although fiercely illegal and criminal. The outcome is still in question. 1-1-09

Supreme Court Opening: Sadly, the serious illness of Justice Ginsberg, announced today - will have the Justice Department and the White House polishing up the short list of new possible nominees to the Supreme Court.

President Obama is likely to nominate a women, and more likely to nominate a liberal Justice. Such an appointment will maintain the present balance of gender as well as politics on the Court. 2-06-09

Federal Judge faces Impeachment: A Ninth Circuit Federal Appeals judge who participated in the drafting of the Bush Administration Torture memos faces impeachment for his work in the Justice Department - before he was appointed to the Bench.

This is an appointee case worth watching because it is going to illustrate the long term implications of one's conduct as a Presidential appointee. It seems probable that the Judge will retain his position - but will always be marked with the torture problems in the Bush Administration and will not advance to higher position. (04-24-09)