Supreme Courts Nomination in the United States Introduction The Supreme Court is considered the highest-ranking court the in the United States. It is composed of nine judges referred to as justices. The main purpose of having these justices is so that they can make rulings on cases that the junior court cannot settle. Supreme Court judges make the final decision on whether a law is consistent with the underlying constitution. All Supreme Court justices serve lifetime appointments, which means they serve until they either die or retire. According to the Constitution, as stated in Article II, it 's the president 's job to nominate another Supreme Court justice if the seat is declared vacant. The Senate must then go through the …show more content…
That distinction is crucial now than ever before because Justice Scalia was one of the most conservative judges. Moreover, with Scalia included, the Supreme Court leaned on the conservative side. Some high-profile Republicans in the Senate are pushing first to have a new president before they can confirm a new appointment. This push comes from an informal rule known as ‘THURMOND RULE ' that implies no new justice appointments should be made especially by the president during the final days in the presidential office. However, the rule’s application is wildly inconsistent. If the Supreme Court seat were to be left vacant for an entire year or so, it would be highly likely that more split decision would lie in the hands liberal-leaning lower courts, instead of receiving the overrules of the initially conservative-leaning Supreme Court. This move is brought about by the fact that the Supreme Court is evenly split as compared to the not so balanced Courts of Appeals. There is also an indirect problem if the seat was left vacant. If Senate refused to confirm an otherwise acceptable or popular candidate, it would affect the upcoming elections. Nine of 34 Senate seats up for re-election are close enough battles that may switch sides in the upcoming election. Six of the seats are Republican 's. Notably, five
The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power
The Supreme Court is the highest federal court in the United States of America. It was implemented in 1789. It consists of 9 jurors and one of them being the Chief of Justice. The president of the United States recommandes who gets a position on the Supreme Court. The Supreme Court not only has the power to take federal cases but also has the ability to declare the executive or legislative branch actions constitutional or unconstitutional which is also known as judicial review. The Supreme Court took upon the cases Brown v. Board of Education and Heart of Atlanta Motel v. US. According to these cases, the Supreme Court does not concur with the idea of segregation in America.
The Court established from Aguliar v. Texas (1964) and Spinelli v. United States (1969), the Aguilar-Spinelli test determined whether an informants’ tips or letters could be used as probable cause to obtain a search warrant. This two pronged test established that [1] the tip had to “reveal adequately” the informant’s “basis of knowledge”, [2] the tip had to “provide facts sufficiently establishing either the veracity of the affiant’s informant, or, alternatively the ‘reliability’ of the informant’s report. The anonymous tip did not meet the Aguilar-Spinelli test which was proved not credible for two reasons. [1] The Principal received an anonymous tip that ‘one of her students’ was distributing condoms to students during lunch break which was in violation of school policy. The anonymous person did not specifically state that Bradley was the person who was distributing the condoms and also did not provide any description of the person was provided to the
Repeatedly throughout history, the United State’s Supreme Court has changed their standing on labor laws, from supporting the right’s of employees to supporting the right’s of employers. In 1903, the Supreme Court concluded through Lochner v. New York that the government did not have the right to oversee businesses, but in 1908 the Supreme Court passed an unprecedented decision regarding labor laws. In Muller v. Oregon, the Supreme Court alternatively sided with the workers and upheld restriction on working hours in a gendered argument based on the fact that the workers were women. On the surface, the decision was just, as it protected workers’ right, but in the long run the outcome was unjust; suggesting through gender formation, intersectionality, and structural sexism that superficially the decision was a progressive legislation but it masked misogynist values, preserved heteronormative ideals and perpetuated gender inequality.
Originally, I had thought there was no way something so sacred should be allowed to be defaced, but I have quickly realized the constitution is much more powerful and sacred. As a nation, we must pick our fights and the hills we die on. It will not and never should be considered treason to burn the flag, however there is, like with most things a catch twenty-two. Publicly and privately the burning of the flag is accepted as freedom of speech, but once this simple gesture turns into a hazard we must act. President Trump and conservatives may view it as weak, but a system of penalties or citations would be the correct form of punishment. We should follow the lead of other progressive nations and fine those who attempt to burn the flag in
The American Supreme Court is the highest court in the country. The Supreme Court has the final say in issues that have been brought to lower court’s but have been unresolved. The job of the Supreme Court is to determine if the Constitution says what the end result of an issue should be. The Supreme Court was designed to be unbiased and make it’s choices purely based on what the law says. The nine people who are appointed to the Supreme Court are called Justices. They are elected to their position for the remainder of their life or until their resignation. As a result of the tenure given to a Justice spots do not open up often at all. The President nominates the Justice based on a few factors. First off experience is required. Many of the Justices where judges in a lower court such as the Court of Appeals or had a very well respected private practice. Secondly the President often nominates someone who shares his own political ideology. If the President is a conservative it is likely that he will appoint a conservative judge to the Supreme Court. Lastly gender and ethnicity have recently become a factor in a Presidents decision. Up until 1967 all of the Justices had been white males to fix this problem Lyndon Johnson appointed Thurgood Marshall the first black Justice. Later Ronald Reagan appointed Sandra Day O’Connor the first female Justice. However a presidential nomination is not enough to be a Justice. The nominee must be confirmed by the Senate also by a majority vote.
Was Grove City College subject to federal requirements because its students received federal grants? Did the provisions of Title IX violate the First Amendments rights of the College?
THE SUPREME COURT OF THE UNITED STATES SHOULD AFFIRM THE LOWER COURT’S DECISION BECAUSE THE ASTON CITY PANHANDALING ORDINANCE IS A VALID, CONTENT-NEUTRAL TIME, PLACE, AND MANNER RESTRICTION OF SPEECH AND THEREFORE DOES NOT VIOLATE PETITIONERS FIRST AMENDMENT RIGHT. (Jerica Johnson)
The Supreme Court of the United States did not apply sound reasoning in formulating their final opinion in Reed v. Reed. Even though, the Supreme Court’s decision was unanimous in ruling the Idaho statute unconstitutional because of violation to the Equal Protection Clause of the 14th Amendment. The reason why I believe that they did not apply sound reasoning in Reed v. Reed is because the level of scrutiny applied. The Supreme Court applied the rational basis test instead of strict scrutiny. Commonly, when the Supreme Court applies the rational basis test to a law, the law passes because it can be proven that it is “rationally related to a legitimate government interest” . There was no precedent for this case because it was the first time that the Supreme Court heard a case on discrimination against women in violation of the Equal Protection Clause( 404 U.S. 71, 72 ).”
In Scotus blog, the United States Supreme Court judges against a familiar foe were at their best. It was very easy putting doctrinal clodhopping aside in trying out the amateur court team. Birchfield v. North Dakota a Wednesday court case involving laws imposing on motorist’s criminal penalties for being suspected of drunken driving (Birchfield v. North Dakota, 2016). Furthermore, when a chemical test, especially for breath or blood, was rejected. North Dakota with other eleven states passed measures avoiding annoying issues. These include how to obtain a warrant before you stick into the driver 's arm a needle or a tube in the driver 's mouth. Refusal to take a blood test led to the arrest of Danny Birchfield, who argued that this law was violating the Fourth Amendment typically requiring a police warrant to conduct a search. For North Dakota, motorists have to give their consent to chemical tests when they intend to drive in the state. Danny Birchfield challenged this saying that consent, which is legally mandated, does not permit at all. Birchfield’s problem was drunk driving since police had already arrested after he was driving into a ditch and forcefully attempting to turn out of it. He then emerged out of his car smelling alcohol. Fellow petitioners, in this case, were also losers after consolidating to his case. After almost hitting the stop sign, Steve Michael Bylund was also pulled over consequently holding his car on the road. An empty glass of wine is what was
The Supreme Court Of The United States (otherwise known as SCOTUS), is the highest federal court in the country. The court hears many important cases throughout the United States, one of them being Roe v. Wade 410 U.S. 113 (1973). This case was monumental for women 's rights and the issue of abortion. Still to this day, it has been one of the most famous abortion cases in U.S. history. It all started in 1971 when Norma McCorvey (otherwise known as Jane Roe), filed suit against District Attorney Wade of Dallas County, for a Texas law that prohibited abortion, except to save the life of a mother if she was in some type of danger. This law was declared unconstitutional in the past at an earlier federal court case (United States v. Vuitch,
Currently there are nine members on the Supreme Court, eight are associate justices and one is the chief justice. A justice on the Supreme Court is appointed for life. They do not serve terms like congressman, instead serving for life. A justice can be removed from the Supreme Court by impeachment for corruption and after a trial; however, a justice has never
There are many different reasons a person can find themselves in a court as the defendant.
The judicial branch is one of the most powerful branches in the usa besides the legislative branch but the judicial branch has the ability to have the president confirm if they take or leave the Supreme Court Justices are chosen by the President, confirmed by the Senate, and serve for the rest of their lives, as long as they practice “good behavior.”