Judiciary and Political Parties. Court Rulings on Parties. Presidential Nomination Rules. Presidential Nomination Rules
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1 Judiciary and Political Parties Court rulings on rights of parties Parties and selection of judges Political party influence on judges decisions Court Rulings on Parties Supreme Court can and does avoid rulings by referring to them as political questions Only accepts 5% of cases Avoided reapportionment until 196s In recent years upheld many rights of parties Presidential Nomination Rules Cousins v. Wigoda (1974) 2 competing delegations from Illinois convention sat Cousins delegation that followed party rules rather than Wigoda delegation selected by state rules Court ruled for party s right to determine which delegation valid Presidential Nomination Rules Democratic Party of the United States v. La Follette (1981) national party rules on closed primaries supercede state law on open primaries
2 Carter Rights of Party to Choose Primary Voters Tashjian v. Republican Party of Connecticut (1986) party can invite independent voters California Democratic Party v. Jones (2) blanket primary violates party s right to choose voters Organizational Rights of Parties Eu v. San Francisco County Democratic Committee (1989) designated composition of party committees designated time and place of meetings designated requirements for holding party posts prohibited endorsements during primary Party and Judicial Appointments National Appointed by president confirmed by Senate Number of judicial slots vary by president Presidents appoint from own party Number of Supreme Court Appointments & 2 Clinton Reagan FDR Washington Average = 2
3 Other Judicial Appointments About 5 judges per year Senate confirmation process Senatorial courtesy for district judges Hearing in Judiciary Committee Majority vote on Senate floor Most win by lopsided vote Partisan politics Speed at which appointments heard 9% from president s party 25 battle over judicial filibuster Percent of District and Appellate Court Judges from President s Party Kennedy Johnson Nixon Ford Carter Source: Vital Statistics on American Politics, Table 7.6 Reagan Clinton Gender, Race, Ethnicity of U.S. Court of Appeals Judges Female White Black Latino Asian Source: Judicature (May-June 1997), p Carter Reagan Clinton
4 Senate Rejections 29 out of 145 (2%) for Supreme Court Most (22/29) before 19 Recent Abe Fortas 1968 (Johnson) Clement Haynsworth (Nixon) G. Harrold Carswell (Nixon) Robert Bork (Reagan) Senate Battle Clarence Thomas ( ) legal record interest group involvement Anita Hill, sexual harassment, Equal Opportunity Commission Floor vote, 52 for, 48 against Samuel Alito (26 G.W. ) Filibuster failed Floor vote, 58 for, 42 against 1 Republican vote against, 4 Democrats vote for Judicial Selection in the States Nonpartisan elections - 13 Retention elections - 17 (AZ, CA) Partisan elections - 9 Gubernatorial appointment - 7 Legislative appointment - 4 Several methods per state Vacancies often filled by governor Voting in Judicial Elections Often unopposed Voters know little about candidates Endorsements Partisan elections provide one voting cue
5 Partisan Influence on Judicial Decisions Lowest courts little role, mostly routine decisions Mid-level appeals courts mostly routine a few cases partisanship influence Partisan Influences on Supreme Court Not routine decisions No one interpretation of Constitution or laws 6% of cases dissenting opinions Decisions based on Precedent (stare decisis) Justices ideology/partisanship Ideological Orientation of Current Supreme Justices Liberal Conservative Ginsburg Souter O Connor Thomas Stevens Breyer Kennedy Rehnquist Scalia Ford Appointed by President: Reagan Reagan Reagan Reagan Clinton Clinton v. Gore (2) November 8 election, mandatory recount November 21 Florida Supreme Court rules for more hand recounts December 4, US Supreme Court vacates Fl Supreme Court ruling & send case back down for reconsideration
6 Gore v. (2) December 8, FL Supreme Court reinstates hand count December 12, U.S. Supreme Court reverses Florida Supreme Court December 13, Gore concedes Gore v. (2) 5 (Kennedy, O Connor, Rehnquist, Scalia, Thomas) 5 Republicans 4 (Breyer, Ginsburg, Souter, Stevens) only 2 Democrats + Ford, appointees Erratic recount violate equal protection Not enough time for full recount Public Opinion: S. C. Decision Fair Public Opinion: Reason Behind Court s Decision Unfair Uncertain Fair 3 2 Want President Legal Merits Don't Know
7 Public Opinion: Presidency Legitimate No Somewhat Yes Don't know
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