How judges and justices are chosen By USHistory.org, adapted by Newsela staff on 02.01.17 Word Count 788 Supreme Court of the United States: Justice Peckham, Justice Brewer, Justice Shiras, Justice Harlan, Chief Justice Fuller, Justice White, Justice Gray, Justice McKenna and Justice Brown pictured in 1889. Library of Congress Legendary Justice Oliver Wendell Holmes once said that a Supreme Court Justice should be a "combination of Justinian, Jesus Christ and John Marshall." Justinian was the powerful Byzantine Emperor who tried to restore the greatness of the Roman Empire. John Marshall was one of the first Supreme Court justices, whose court opinions helped lay the basis for United States constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative (Congress) and executive branches (president and Cabinet). That's a good ideal to aim for, but what are the formal necessary qualifications for federal judges? Strangely, there actually aren't any. The Constitution is silent on the qualifications necessary to become a judge. It carefully outlines qualifications for the House of Representatives, the Senate and the presidency. It gives no advice for court appointments, however, other than stating that justices should exhibit "good behavior." As a result, who gets to be a judge is mostly a matter of tradition. This article is available at 5 reading levels at https://newsela.com. 1
The Nomination Process The Constitution provides general rules for picking judges. It gives the responsibility for nominating federal judges and justices to the president. It also requires the president's picks to be confirmed by the Senate. There are more than 600 judges on federal district courts. They are located in the judicial districts of each state and there is at least one judicial district for each state. There are also another 200 justices on courts of appeals. Appeals courts, also called appellate courts, are courts people go to if they lose a case at a lower court. They appeal their case to one of these higher courts of appeals. There are nine justices on the Supreme Court. Because all federal judges have life terms, no single president will make all of these appointments. A president will have many chances during a term of office to pick judges, however. The system is so big that picking judges could be a full-time job. A president relies, therefore, on many other people to suggest good candidates. Help often comes from the Department of Justice, the Federal Bureau of Investigation (FBI) and members of Congress. Presidents also get suggestions from current judges and justices, and the American Bar Association, a national group for lawyers. Some people hoping to be picked as judges even suggest themselves. One powerful tradition for picking judges is called senatorial courtesy. According to this practice, the senators from the state where the judge position is open make the decision on who will fill it. Senators from the state, especially those of the same political party as the president, send a suggestion to the president. The president almost always follows these suggestions. Ignoring them would be seen as rude to the senators. It would even lead to a bad relationship between the president and the Senate. Selection Criteria Presidents must consider many factors in making their choices for federal judgeships: Experience Most people who are considered for judge appointments have had a lot of court or governmental experience. They might have had this experience on the state or national level. Many have law degrees or some other form of higher education. Political beliefs Presidents usually pick judges who seem to have similar political beliefs to their own. In other words, a president with a more liberal way of thinking will usually appoint liberals to the courts. Likewise, conservative presidents tend to appoint conservatives. Liberals are generally in favor of more social change, whereas conservatives like the way things are traditionally done. This article is available at 5 reading levels at https://newsela.com. 2
Party and personal loyalties A very high percentage of a president's picks typically belong to his or her political party. Also, sometimes presidents pick people who they are friends with or who supported them in the past. This is less common today than it once was, but is still a factor. Ethnicity and gender Until recent years, almost all federal judges were white males. Today, however, there are more and more judges who are women and people of color. In 1967, Lyndon Johnson appointed the first African-American Supreme Court justice, Thurgood Marshall. In 1981, Ronald Reagan appointed the first woman to the Supreme Court, Sandra Day O'Connor. All recent presidents have appointed African-Americans, Latinos, members of other ethnic minority groups and women to district courts and courts of appeal. For Generations To Come Because federal judges and Supreme Court justices serve for life, how a president picks judges is one of the most important ways he or she shapes the country. Many of the judges he or she picks will serve long after a president leaves office. Whether or not the results are a "combination of Justinian, Jesus Christ and John Marshall," these choices can shape the courts for generations to come. This article is available at 5 reading levels at https://newsela.com. 3
Quiz 1 Which sentence from the section "The Nomination Process" BEST explains why presidents usually respect the senatorial courtesy tradition? One powerful tradition for picking judges is called senatorial courtesy. According to this practice, the senators from the state where the judge position is open make the decision on who will fill it. Senators from the state, especially those of the same political party as the president, send a suggestion to the president. Ignoring them would be seen as rude to the senators. 2 According to the article, the president does not have unlimited power when it comes to choosing new judges. Which paragraph from the section "The Nomination Process" BEST supports the idea outlined above? 3 A reader of the article suggested that the author included the section "Selection Criteria" in order to explain why presidents usually select judges who have views unlike their own. Is this accurate? Which line from the article BEST supports your answer? Yes; Also, sometimes presidents pick people who they are friends with or who supported them in the past. Yes; All recent presidents have appointed African-Americans, Latinos, members of other ethnic minority groups and women to district courts and courts of appeal. No; Liberals are generally in favor of more social change, whereas conservatives like the way things are traditionally done. No; A very high percentage of a president's picks typically belong to his or her political party. This article is available at 5 reading levels at https://newsela.com. 4
4 Read the last paragraph of the introduction [paragraphs 1-3]. The Constitution is silent on the qualifications necessary to become a judge. It carefully outlines qualifications for the House of Representatives, the Senate and the presidency. It gives no advice for court appointments, however, other than stating that justices should exhibit "good behavior." As a result, who gets to be a judge is mostly a matter of tradition. Which of the following BEST explains why the author included this paragraph in the article? to highlight something missing in the Constitution to highlight specific rules in the Constitution to highlight a flaw found in the Constitution to highlight a tradition described in the Constitution This article is available at 5 reading levels at https://newsela.com. 5