Supreme Court FRQ

2000 FRQ on Supreme Court

The Supreme Court is commonly thought to be above politics yet one can argue that the appointment of Supreme Court Justices is political. (a.) Identify three characteristics of Supreme Court nominees and discuss how each characteristic has been politically relevant during the nomination process. (b) Identify two methods that have been used by interest groups to influence the appointment process. Explain how each of these methods has been used to influence that process.

My Answer

While the Supreme Court is thought to enjoy considerable independence from the Executive and Legislative Branches, they are not immune to politics during their nomination process. The entire confirmation process is a public affair and the nominees do have certain characteristics that make their selection politically relevant.

(a) (1) One factor related to the selection of a Supreme Court nominee would be their POLITICAL IDEOLOGY. Presidents typically choose candidates who share ideologies that are in line with their own. However, a president must be careful not to choose a nominee whose ideologies go to far beyond what is considered the "main stream." Robert Bork was not confirmed by the Senate Judiciary Committee due to what was believed, his extreme views.

(a)(2) Another factor for consideration is a nominee's RACE. The trend in recent years has been for presidents to chose a nominee that is more representative of America at-large. Increasingly, persons that represent diversity are very likely choices for the High Court.

(a)(3) A third factor for consideration is a nominee's AGE. Most recently with the selection of John Roberts as Chief Justice, President Bush chose a nominee whose presence and influence on the bench will have a long and lasting impact. Many presidents are concerned with their legacy while in office. Choosing a young Supreme Court Justice ensures that their impact will last for years to come, for better or worse.

Interest Groups are very interested and active in the selection process of Supreme Court nominees. Huge issues are at stake that may have considerable influence over interest group agendas that can have a long term impact.

(b)(1) One way in which interest groups influence Supreme Court nominee selection is through their use of DIRECT MAIL CAMPAIGNS to their constituents. If, for example a nominee is to have particularly strong views on abortion, both anti- and pro- abortion interest groups will send out literature, make phone calls and potentially buy advertising time to either support or defeat a nominee. These interest groups would further recommend for example that its constituents write or phone in their opinions to their Congressmen/women that may ultimately affect a vote of nomination.

(b)(2) Another way in which interest groups influence Supreme Court nominee selection is through their LOBBYING of either the White House or with members of the Senate Judiciary Committee. Campaign contributions are a strong incentive that interest groups may provide or withhold for these two groups. The threat of withholding either voting or monetary support in retaliation for a poorly chosen Supreme Court nominee can be a powerful incentive.