Download or read book The ABA Role in the Judicial Nomination Process written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The ABA Role in the Judicial Nomination Process written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court Appointment Process written by Denis S. Rutkus and published by DIANE Publishing. This book was released on 2010-08 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.
Download or read book Judicial Nomination and Confirmation Process written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 2002 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of the American Bar Association in the Judicial Selection Process written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advice and Consent written by Lee Epstein and published by Oxford University Press. This book was released on 2005-09-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Download or read book Lawyers and Judges written by Joel B. Grossman and published by New York, Wiley. This book was released on 1965 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Do They Know Them when They See Them written by and published by . This book was released on 2015 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent work on the federal nominations process finds a systematic relationship between nominee characteristics and their ratings from the American Bar Association's Standing Committee on the Federal Judiciary (SCFJ). While these findings are substantively interesting, the mechanism behind them is not clear. The first chapter demonstrates that the individual investigator is the most important factor in determining a nominee's final ABA rating. It also shows that the committee composition can affect individual behavior in specific contexts. The data support the finding of pure partisan bias best, but they cannot rule out possible homophilic bias. I combine new data on all SCFJ members from 1958 to 2013 with all nominations to the courts of appeals over the same period to give a more complete picture of ABA ratings. The second chapter creates a valid and reliable new measure for the qualifications of nominees to courts of appeals. Though widely-used in studies of judicial politics, ABA ratings have a well-established bias: Controlling for a number of objective indicators of nominee quality, partisanship remains a significant predictor of a nominee's final rating. I empirically test the new measure in two examples against ABA ratings to demonstrate both its potential and its possible drawbacks. The American Bar Association's involvement in the judicial selection process grows out of a unique relationship between its SCFJ, the Department of Justice (DOJ), and the Senate Judiciary Committee (SJC). The SCFJ's central function is to solve a collective dilemma, the production of information, for its two principals. Supported by a qualitative assessment of the secondary literature on the SCFJ, archival sources, and congressional hearing transcripts, the third chapter argues that the private nature of the SCFJ complicates the relationship between the governmental principals and their SCFJ agent, such as the inability of the Senate to use its most powerful monitoring tool: binding legislation. I conclude with a discussion of the SCFJ's role in light of the classical views on interest group pluralism.
Download or read book Appointment and Nomination of Supreme Court Justices written by Ilka Kreimendahl and published by GRIN Verlag. This book was released on 2005-04-26 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2002 in the subject American Studies - Culture and Applied Geography, grade: 1,0 / A, University of Kassel, course: Amerikanische Entwicklung im Spiegel ausgewählter Entscheidungen des Supreme Court, language: English, abstract: “Equal Justice Under Law” – this inscription is written above the main entrance of the Supreme Court building, proclaiming that every case and individual will be judged according to the same principles. Members of the court have the duty to come to a decision, which is free of personal and also political influences, a task that requires numerous virtues, among them independence, incorruptibility, and the self-confidence to apply new methods that might alter the country. Accordingly, the work of a Supreme Court justices makes high demands on a person and it is doubtful that any judge would be able to fulfill them. Yet from which point of view are these extraordinary individuals selected? And who has a right of codetermination in the appointment process? Since the Supreme Court is a major policy maker in the U.S, the appointments of the justices have a great impact on the future of the country. Consequently, the nominations are fundamental to a number of people, organizations and interest groups, as possible future decisions of the tribunal might transform society and American life. This paper will investigate the selection and nomination process of Supreme Court justices and the factors playing a role in the background. Beginning with an historical overview, we will take a closer look at the legal foundation and the early stages of the newestablished court. The second part attends to the qualification of justices and their ensuing appointment, also taking into consideration the various demographic factors that might influence a selection nowadays. Subsequently, the focus will be on interest groups and other society-relevant organizations, which take an interest in the tribunal and concentrate their attentio n on the selection of justices who are of importance to them. Finally, the thesis will go into the role presidents play in the selection procedure and to conclude I will summarize the results that follow from this work.
Download or read book Improving the Process of Appointing Federal Judges written by Miller Center Commission on the Selection of Federal Judges and published by . This book was released on 1996 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The ABA Standing Committee on Federal Judiciary written by American Bar Association and published by . This book was released on 1991 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Appointment Process for U S Circuit and District Court Nominations written by Congressional Research Service and published by CreateSpace. This book was released on 2014-10-22 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee. The need for a President to make a circuit or district court nomination typically arises when a judgeship becomes or soon will become vacant. With almost no formal restrictions on whom the President may consider, an informal requirement is that judicial candidates are expected to meet a high standard of professional qualification. By custom, candidates who the President considers for district judgeships are typically identified by home state Senators if the latter are of the President's party, with such Senators, however, generally exerting less influence over the selection of circuit nominees. Another customary expectation is that the Administration, before the President selects a nominee, will consult both home state Senators, regardless of their party, to determine the acceptability to them of the candidate under consideration. In recent Administrations, the pre-nomination evaluation of judicial candidates has been performed jointly by staff in the White House Counsel's Office and the Department of Justice. Candidate finalists also undergo a confidential background investigation by the FBI and an independent evaluation by a committee of the American Bar Association. The selection process is completed when the President, approving of a candidate, signs a nomination message, which is then sent to the Senate. Once received by the Senate, the judicial nomination is referred to the Judiciary Committee, where professional staff initiate their own investigation into the nominee's background and qualifications. Also, during this pre-hearing phase, the committee, through its “blue slip” procedure, seeks the assessment of home state Senators regarding whether they approve having the committee consider and take action on the nominee. Next in the process is the confirmation hearing, where judicial nominees engage in a question and answer session with members of the Judiciary Committee. Questions from Senators may focus, among other things, on a nominee's qualifications, understanding of how to interpret the law, previous experiences, and the role of judges.
Download or read book Rethinking bias and the Bar written by Dustin Koenig and published by . This book was released on 2010 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The paper explores the factors behind the American Bar Association's (ABA) ratings of federal judicial nominees, with special attention to the role of political ideology. The ABA, through its Standing Committee on the Federal Judiciary, has traditionally been included in the pre-selection process of evaluating individuals for nomination to federal judgeships. Recently, the George W. Bush administration removed the ABA from its traditional role in the pre-selection process, citing concerns of a bias against conservative nominees in the ratings process. A recent piece by Vining et al. titled, "Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees," empirically examines the possibility of a bias in ABA ratings. While this piece represents an admirable foray into an area of scholarship left largely untouched in recent decades, a number of oversights in key areas limit its overall effectiveness. Thus, this project replicates the aims of the Vining piece utilizing more valid metrics. The paper considers all federal judicial appointees from the first term of President Reagan through the second term of President Clinton. Measures of association are used to evaluate the relationship between a number of variables and ABA ratings. The results of the analysis suggest that, contrary to the conclusions in Vining et al., the primary factors in ABA ratings success are not political but professional and demographic. Furthermore, a qualitative analysis of selection in the modern reveals distinct approaches on the part of Republican and Democratic presidents that can explain the appearance of any bias.
Download or read book The ABA Role in the Judicial Nomination Process written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Process in America written by Robert A. Carp and published by CQ Press. This book was released on 2015-12-30 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
Download or read book Bias and the Bar written by Richard L. Vining (Jr) and published by . This book was released on 2009 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court Appointment Process written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2018-09-06 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. Specifically, the Judiciary Committee, rather than the Senate as a whole, assumes the principal responsibility for investigating the background and qualifications of each Supreme Court nominee, and typically the committee conducts a close, intensive investigation of each nominee. Since the late 1960s, the Judiciary Committee's consideration of a Supreme Court nominee almost always has consisted of three distinct stages-(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) a committee decision on what recommendation to make to the full Senate. During the pre-hearing investigative stage, the nominee responds to a detailed Judiciary Committee questionnaire, providing biographical, professional, and financial disclosure information to the committee. In addition to the committee's own investigation of the nominee, the FBI also investigates the nominee and provides the committee with confidential reports related to its investigation. During this time, the American Bar Association also evaluates the professional qualifications of the nominee, rating the nominee as "well qualified," "qualified," or "not qualified." Additionally, prior to hearings starting, the nominee pays courtesy calls on individual Senators in their offices, including Senators who do not serve on the Judiciary Committee. Once the Judiciary Committee completes its investigation of the nominee, he or she testifies in hearings before the committee. On average, for Supreme Court nominees who have received hearings from 1975 to the present, the nominee's first hearing occurred 40 days after his or her nomination was formally submitted to the Senate by the President. Questioning of a nominee by Senators has involved, as a matter of course, the nominee's legal qualifications, biographical background, and any earlier actions as public figures. Other questions have focused on social and political issues, the Constitution, particular court rulings, current constitutional controversies, and judicial philosophy. For the most recent nominees to the Court, hearings have lasted for four or five days (although the Senate may decide to hold more hearings if a nomination is perceived as controversial-as was the case with Robert Bork's nomination in 1987, who had 11 days of hearings). Usually within a week upon completion of the hearings, the Judiciary Committee meets in open session to determine what recommendation to "report" to the full Senate. The committee's usual practice has been to report even those Supreme Court nominations opposed by a committee majority, allowing the full Senate to make the final decision on whether the nomination should be approved. Consequently, the committee may report the nomination favorably, report it unfavorably, or report it without making any recommendation at all. Of the 15 most recent Supreme Court nominations reported by the Judiciary Committee, 13 were reported favorably, 1 was reported unfavorably, and 1 was reported without recommendation.
