Topic: 2.11 - Vocabulary

Robert Bork

• American jurist and legal scholar

• Known for his originalist interpretation of the Constitution

• Controversial confirmation process, rejected by Senate

• His nomination led to increased politicization of judicial appointments

Merrick Garland

nominated by Obama in 2016 to replace Scalia on the Supreme Court, faced opposition from Senate Republicans. They blocked his confirmation, refusing to hold hearings or vote on his nomination.

Senatorial courtesy

It is an unwritten rule in the United States Senate that allows individual senators to have significant influence over presidential appointments in their home states. It gives senators the power to block or approve nominations for federal positions, such as judgeships or executive branch positions, within their state.

Standing

It refers to the legal requirement for an individual or group to have a sufficient connection to a case in order to bring a lawsuit or challenge a government action. It ensures that only those directly affected by a dispute can participate in the legal process.

Clarence Thomas

First African American Supreme Court Justice appointed by George H.W. Bush in 1991. Known for his conservative ideology and strict interpretation of the Constitution even though he was African American

Jurisdiction stripping

Congressional power to limit or remove a court's authority to hear certain types of cases, is often used to prevent judicial review of specific laws or policies.

Judicial activism

When judges interpret laws and the Constitution in a way that goes beyond the original intent of the lawmakers. It involves actively shaping public policy and making decisions that have a broader impact on society by sticking down laws. It’s the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

Judicial restraint

A theory of judicial interpretation that encourages judges to limit the exercise of their power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

“Nuclear option”

It is a parliamentary procedure used in the U.S. Senate to override a filibuster. It allows a simple majority (51 votes) to change Senate rules and confirm presidential nominees or pass legislation, instead of the usual 60-vote threshold.