Justice Nominations and Confirmations
Clarence Thomas
Year: 1991
Nominating President: George H. W. Bush (R)
Confirmation Vote: 52-48
Year of Birth: 1948
Ruth Bader Ginsburg
Year: 1993
Nominating President: Bill Clinton (D)
Confirmation Vote: 96-3
Year of Birth: 1933
Stephen G. Breyer
Year: 1994
Nominating President: Bill Clinton (D)
Confirmation Vote: 87-9
Year of Birth: 1938
John G. Roberts
Year: 2005
Nominating President: George W. Bush (R)
Confirmation Vote: 78-22
Year of Birth: 1955
Samuel Anthony Alito
Year: 2006
Nominating President: George W. Bush (R)
Confirmation Vote: 58-42
Year of Birth: 1950
Sonia Sotomayor
Year: 2009
Nominating President: Barack Obama (D)
Confirmation Vote: 68-31
Year of Birth: 1954
Elena Kagan
Year: 2010
Nominating President: Barack Obama (D)
Confirmation Vote: 63-37
Year of Birth: 1960
Neil Gorsuch
Year: 2017
Nominating President: Donald Trump (R)
Confirmation Vote: 54-45
Year of Birth: 1967
Brett Kavanaugh
Year: 2018
Nominating President: Donald Trump (R)
Confirmation Vote: 50-48
Year of Birth: 1963
Total Confirmed by President
Trump: 33
Obama: 329
Bush II: 327
Clinton: 378
Bush Reagan: 193
Total: 383
Gender Demographics
Males: 75.76% (Trump); 58.05% (Obama); 78.20% (Bush II); 70.60% (Clinton); 81.30% (Bush); 91.60% (Reagan)
Females: 24.24% (Trump); 41.95% (Obama); 21.80% (Bush II); 29.40% (Clinton); 18.70% (Bush); 8.80% (Reagan)
Racial Demographics
White: 90.91% (Trump); 64.13% (Obama); 82.20% (Bush II); 75.30% (Clinton); 89.10% (Bush); 93.90% (Reagan)
African American: 0.00% (Trump); 18.84% (Obama); 7.30% (Bush II); 16.40% (Clinton); 6.70% (Bush); 1.80% (Reagan)
Hispanic: 0.00% (Trump); 10.94% (Obama); 9.10% (Bush II); 6.60% (Clinton); 4.10% (Bush); 3.60% (Reagan)
Asian Pacific American: 9.09% (Trump); 6.38% (Obama); 1.20% (Bush II); 1.30% (Clinton); 0.00% (Bush); 0.50% (Reagan)
Native American: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.20% (Clinton); 0.00% (Bush); 0.00% (Reagan)
Native Hawaiian or other Pacific Islander: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.00% (Clinton); 0.00% (Bush); 0.00% (Reagan)
Supreme Court Confirmation Process
In February 2016, Chief Justice John Roberts criticized the dysfunctional Supreme Court confirmation process, which had recently become largely partisan.
Judges and justices require perceptions of independence from political affiliation.
Presidents prioritize nominations that solidify their legacies, aiming for ideological compatibility in nominations.
Trump aspired to appoint many young conservative judges to reshape the judiciary.
Senate's Role: Advice and Consent
Article II of the Constitution grants the president the authority, with Senate approval, to appoint federal judges.
The process involves the Senate Judiciary Committee, which gathers information and recommends nominees for a Senate vote.
The blue slip process allows home-state senators to approve or veto nominees.
Senatorial Courtesy
Today, senatorial courtesy is essential in selecting district court and appellate judges.
Public Perception Challenges
Trump’s public critiques of courts have raised concerns about judicial legitimacy and trust in the rule of law.
Historical concern exists among justices regarding partisanship and its impact on their perceived neutrality.
Judicial Independence
Article III establishes life tenure for federal judges, promoting independence.
Appointed judges and justices must navigate between maintaining independence while responding to public sentiments concerning decisions.
Judicial Activism
Defined by the court’s role in policymaking, judicial activism reflects judges interpreting the Constitution as a living document.
Judicial Restraint
This philosophy advocates that judges limit their powers and defer to elected branches unless constitutionally mandated.
Judicial Influence on Policy
The judicial branch wields significant influence in shaping public policy, particularly concerning rights and liberties.
Long-term Effects of Recent Appointments
The ideological composition of the Supreme Court is critical to policy decisions affecting social issues like abortion, health care, and civil rights.
Public Trust in Judicial Institutions
Polling indicates fluctuating trust levels among partisans, with significant variances based on which party occupies the presidency.
Clarence Thomas
Year: 1991
Nominating President: George H. W. Bush (R)
Confirmation Vote: 52-48
Year of Birth: 1948
Ruth Bader Ginsburg
Year: 1993
Nominating President: Bill Clinton (D)
Confirmation Vote: 96-3
Year of Birth: 1933
Stephen G. Breyer
Year: 1994
Nominating President: Bill Clinton (D)
Confirmation Vote: 87-9
Year of Birth: 1938
John G. Roberts
Year: 2005
Nominating President: George W. Bush (R)
Confirmation Vote: 78-22
Year of Birth: 1955
Samuel Anthony Alito
Year: 2006
Nominating President: George W. Bush (R)
Confirmation Vote: 58-42
Year of Birth: 1950
Sonia Sotomayor
Year: 2009
Nominating President: Barack Obama (D)
Confirmation Vote: 68-31
Year of Birth: 1954
Elena Kagan
Year: 2010
Nominating President: Barack Obama (D)
Confirmation Vote: 63-37
Year of Birth: 1960
Neil Gorsuch
Year: 2017
Nominating President: Donald Trump (R)
Confirmation Vote: 54-45
Year of Birth: 1967
Brett Kavanaugh
Year: 2018
Nominating President: Donald Trump (R)
Confirmation Vote: 50-48
Year of Birth: 1963
Total Confirmed by:
Trump: 33
Obama: 329
Bush II: 327
Clinton: 378
Bush Reagan: 193
Total: 383
Males: 75.76% (Trump); 58.05% (Obama); 78.20% (Bush II); 70.60% (Clinton); 81.30% (Bush); 91.60% (Reagan)
Females: 24.24% (Trump); 41.95% (Obama); 21.80% (Bush II); 29.40% (Clinton); 18.70% (Bush); 8.80% (Reagan)
White: 90.91% (Trump); 64.13% (Obama); 82.20% (Bush II); 75.30% (Clinton); 89.10% (Bush); 93.90% (Reagan)
African American: 0.00% (Trump); 18.84% (Obama); 7.30% (Bush II); 16.40% (Clinton); 6.70% (Bush); 1.80% (Reagan)
Hispanic: 0.00% (Trump); 10.94% (Obama); 9.10% (Bush II); 6.60% (Clinton); 4.10% (Bush); 3.60% (Reagan)
Asian Pacific American: 9.09% (Trump); 6.38% (Obama); 1.20% (Bush II); 1.30% (Clinton); 0.00% (Bush); 0.50% (Reagan)
Native American: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.20% (Clinton); 0.00% (Bush); 0.00% (Reagan)
Native Hawaiian or other Pacific Islander: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.00% (Clinton); 0.00% (Bush); 0.00% (Reagan)
Supreme Court Confirmation Process:In February 2016, Chief Justice John Roberts criticized the increasingly partisan Supreme Court confirmation process. This evolving dynamic is significant as judicial appointees are expected to maintain independence from political affiliations. Presidents often prioritize nominations that extend their legacy while seeking nominees with ideological compatibility.Trump specifically aimed to appoint young conservative judges to alter the judiciary's direction significantly. The confirmation relies on the Senate's role, where the Constitution allows the president to appoint federal judges with Senate approval. The Senate Judiciary Committee collects information, assesses nominees, and recommends appointments for a full Senate vote.
Senatorial Courtesy:This convention is critical in choosing district court and appellate judges today. Senators from the state where a nominee resides have significant influence, with the ability to approve or reject nominees through a process known as the blue slip.
Public Perception Challenges:Public critiques from Trump regarding the judiciary have prompted concerns surrounding judicial legitimacy and faith in the rule of law. These critiques have heightened historical worries among justices about the influence of partisanship on their perceived impartiality.
Judicial Independence:Article III of the Constitution establishes life tenure for federal judges, which is designed to ensure their independence. However, appointed judges must navigate the fine line between upholding independence and responding to public sentiment towards their decisions.
Judicial Activism:This approach is marked by the judiciary's active role in shaping public policy, with judges interpreting the Constitution as a living document adaptable to contemporary societal needs.
Judicial Restraint:This philosophy advocates for judges to limit their power, primarily deferring to the elected branches of government unless there are clear constitutional mandates that necessitate judicial intervention.
Judicial Influence on Policy:The judicial branch holds substantial sway in shaping public policy, particularly in areas of rights and civil liberties. Decisions made by the Supreme Court can have long-term implications, influencing socio-political landscapes, especially concerning contentious issues such as abortion, healthcare access, and civil rights protections.
Public Trust in Judicial Institutions:Trust levels in judicial institutions vary significantly among different political party affiliates, as polling data demonstrates notable fluctuations based on which political party holds the presidency. This variance indicates that public confidence in the judiciary may often be contingent on the prevailing political climate and the leadership in place.