The Tensions of Judicial Appointment

These flashcards cover key concepts related to the tensions of judicial appointments, terms relevant to the nomination process, and historical context from the lecture.

Advice and consent

A constitutional power of the Senate to confirm or reject judicial and major executive appointments.

American Bar Association (ABA)

A group that provides information regarding the suitability of a judicial nominee for service on the federal bench.

Borked

A term that describes a highly political process where a judicial nominee is rejected due to partisan opposition.

Good behavior

The standard for lifetime appointments of federal judges, implying they can serve as long as they maintain appropriate conduct.

Nuclear option

A proposal to change Senate rules to allow a simple majority vote for the approval of a judicial nominee.

Original intent

A judicial philosophy focused on interpreting the Constitution as the framers intended, limiting the Supreme Court's role.

Roe v. Wade

A landmark Supreme Court decision establishing a woman's right to choose an abortion, influencing judicial confirmations.

Senatorial courtesy

The practice where a senator from the president’s party submits a list of nominees for judicial vacancies in their state.

Filibuster

A tactic in the Senate that allows any senator to delay a vote on a nomination or motion, requiring 60 votes to end.

Cloture

A formal motion in the Senate to end debate and proceed to a vote, requiring majority support.

Judicial minimalist

A judge who interprets the law in a limited manner, focusing narrowly on the specific case without broader implications.

Committee on the Judiciary

The Senate committee responsible for reviewing judicial nominations and holding hearings for potential nominees.

Confirmation hearings

Meetings held by the Senate to evaluate the qualifications and viewpoints of a judicial nominee before voting.

Impeachment

The Constitutional process for removing a federal judge or president for misconduct, which has rarely occurred for judges.

Political scientist

An expert in political science who studies government processes, often examining the role of partisanship in judicial nominations.