Judicial and American Court Process Week 2

Shadow docket

Attempts by presidential admistrations to seek emergency relief from the Supreme Court on a variety of measures

Court of appeals

Least noticed of regular constitutional courts

En banc procedure

All the circuit judges sit together on a p[anel and decide a case

Reign of Roger Tuney

Chief Jsutice from 1836-1864, Dred Scott V Sandford

Two elements in vacancies

Representation and power

Article II US constitution

Gives the president and Senate the power to nominate and confirm Supreme Court Justice. Few circumstances when all three branches of gov are intertwined

When does contestion occur

When partisan or ideological figures issue political statements about judges, court rulings or the judicial process

Thinsg that affect American view onjudicial nomination

policies, gender and age do not matter typically, partisanship

Fire alarm

Interest groups raise the alarm for certain candidates in lower court nomination but political salience is high in Supreme court with or without interest group opposition

When are senators more likely to strike for nominations

When gov is divided, ideological distance between pres and median senator of opposing party, president approvbal rate is lowe and latter part of pres term

Interest group opposition

The decision by at least two national interest groups to take a public position opposing the confirmation of a court of appeals nomination

Going public

Typoe of activity interest groups do to alert senators and their constituents that a particular nomination warrants careful considereation

What happens if interest group doews not express opposition

All key players and the senator will confirm that nomination unanimously and swiftly. In other words, old norms persist in the absence of interest group opposition (patronage)

What reofrms are suggested for Supreme Court

Abloish life term/mandatory retirement age, increasing seats on board, shadow docket issues or decline issues from lower court from passing, congress can restrict Supreme court jursididcation, Mandatory Bipartisan balance

Reign of John Marshall

Chief justice from 1801-1835, majority opinion creator, favored strong national government, conflict with Adrew Jackson during Worcestyer v Georgia

New Deal Court

1933, Social Security and Nationa Parks, 3 musketeers supported new deal, during this era FDR won reelection and tried to pass Judicial Procedures Reform Bill of 1937 (did not pass)

The Court prior to 1930

Conservative vuew of government action and regarding commercial reguraltion. Tackled new civil liberties, established doctirnbe of incorporation based on Due Process Cause of 14th Amenedment

Warren era

Brown V Board, became leadung policy maker of civil rights, expanmsion of free speech, rights of defendant, firm wall between church and State while simultaneously expanding on freedom of religion