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LET’S SEE WHAT MR MCHUGH KNOWS!

Date : October 23, 2013 Topic : Supreme Court – Selecting a Justice and Cases Reaching the Court. Aim : How are justices chosen and how do cases reach the Supreme Court? Do Now : Answer on a separate sheet: What is the rule of four?. LET’S SEE WHAT MR MCHUGH KNOWS!. The Litmus Test.

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LET’S SEE WHAT MR MCHUGH KNOWS!

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  1. Date: October 23, 2013Topic: Supreme Court – Selecting a Justice and Cases Reaching the Court.Aim: How are justices chosen and how do cases reach the Supreme Court?Do Now: Answer on a separate sheet: What is the rule of four?

  2. LET’S SEE WHAT MR MCHUGH KNOWS!

  3. The Litmus Test • Litmus Test – a test of ideology when selecting judges. • Abortion the chief motivator to use a litmus test. • Simple majority is needed to confirm a justice (51 Senate). • Easy to mount a filibuster – and it takes 60 votes to end one – the nominee must be assured 60 votes to be confirmed.

  4. IN THE PAST CONFIRMATION HEARINGS HAVE BECOME DISTASTEFUL.

  5. Judicial and Political Philosophy Judicial Activism Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision Equality Conservative Leans to the right on public policy and would vote Republican Freedom Order Liberal Leans to the left on public policy and would vote Democrat Freedom Judicial Restraint Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers.

  6. How Does the Case Get to the Court • The Supreme Court does not have to hear every case appealed to them. • What is the term used for the order issued by the Supreme Court to hear a case? • Writ of Certiorari. • How many Supreme Court justices are needed for a Writ if Cert to be issued?

  7. How Does the Case Get to the Court? • The Court will grant Certiorari when one or both of the following are true: • A.) Two or more federal circuit courts of appeals have decided the same issue in different ways. • B.) The highest court in a state has held a federal or state law to be in violation of the Constitution.

  8. Characteristics of Supreme Court Nominees • Acceptability – Will the public support the nomination? • Gender – Will it help them? • Ideology – Where do they stand on the political spectrum? • Litmus Test – standing on “hot” issues – Ex: Abortion rights. • Activist v. Restraint. LINK MORE LITMUS

  9. How would interest groups impact nominees? • Advertising, lobbying, op/ed pieces. • Talk shows. • Lobbying the Senate.

  10. Stage 1: Presidential Nomination MEDIA Influence WHITE HOUSE REVIEW FBI Investigation Certification INTEREST GROUP Influence U.S. Supreme Court Confirmation Process Stage 2: Senate Judiciary Committee Hearing Stage 3: Full Senate Vote Stage 4: Oath of Office?

  11. Answer Each question for your cartoon.

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