Asked by Jatinderpal Singh on Apr 24, 2024

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The process of confirming federal court appointments has recently become very contentious.Describe the steps to becoming a federal judge and the considerations involved in who is nominated.Why has this process become so controversial in recent years? Provide some examples of this conflict in the confirmation process.

Federal Court Appointments

The process of appointing judges to the federal judiciary system, usually made by the President and confirmed by the Senate.

Confirmation Process

The confirmation process is a series of procedural steps undertaken by the Senate to evaluate and confirm appointments by the President to the federal judiciary, cabinet, and other executive branch positions.

  • Understand the process of federal court appointments and the factors contributing to the contentious nature of confirmations.
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Nur Amira ArshadMay 02, 2024
Final Answer :
There are three components to this question.
a.Steps to becoming a federal judge and considerations involved in nominations: There are no formal qualifications for service as a federal judge.In general,presidents endeavor to appoint judges who possess legal experience and good character and whose partisan and ideological views are similar to their own.Many federal judges previously served as state court judges or state or local prosecutors.Before the president makes a formal nomination,however,the senators from the candidate's own state must indicate that they support the nominee.This is an informal but seldom violated practice called senatorial courtesy.Once the president has formally nominated an individual,the nominee must be considered by the Senate Judiciary Committee and confirmed by a majority vote in the full Senate.
b.Reasons for controversy: In recent years,a good deal of partisan conflict has surrounded judicial appointments.It is in the federal courts that the Constitution and federal laws that govern all Americans are interpreted and their meaning and significance established.Moreover,it is in the federal courts that the powers and limitations of the increasingly powerful national government are tested.The federal courts now have a great deal of influence over American law and politics.This,coupled with lifetime appointments,raises the stakes of judicial appointments.
c.Examples of conflict in the confirmation process: When President George H.W.Bush proposed the conservative judge Clarence Thomas for the Court,liberal groups launched a campaign to discredit Thomas.After extensive research into his background,opponents of the nomination were able to produce evidence suggesting that Thomas had sexually harassed a former subordinate,Anita Hill.Thomas denied the charge.After contentious Senate Judiciary Committee hearings,highlighted by testimony from both Thomas and Hill,Thomas narrowly won confirmation.The struggle over filling the Scalia vacancy in 2016 also reflected the heightened partisanship over court nominees.In eleven past instances when presidents had put forward nominees to fill Supreme Court vacancies in the last years of their terms,the Senate considered and voted on them.In 2016,however,the Republican-controlled Senate refused to even consider President Obama's nominee,Judge Merrick Garland,leaving the seat vacant for a year until President Trump successfully nominated Judge Neil Gorsuch.