The legislative branch approves the appointment of the . D. decline to make any decision that requires judges to give added meaning to the words of the Constitution. White judges in this analysis include only those who identify as single-race non-Hispanic, as reported by the Federal Judicial Center. A. are, although much greater in number, irrelevant to a president's policy agenda. Broadly speaking, there are two reasons Trump has had such an outsize influence on the federal . A. D. of all these factors: the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may misunderstand the Court's judicial reasoning or position; and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases. D. The minority dissenting opinion refused to use the Civil Rights Act as a justification. With regard to the lower courts, the Supreme Court's primary responsibility is. It enables them to discharge their duty without being affected by external pressure and political or electoral concerns. When asked if he had made any mistakes as president, ________ replied, "Yes, two, and they are both sitting on the Supreme Court. 10. Federal judges are all of these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior." Bush (19%), but below the proportion appointed by Democrats Obama (42%) and Clinton (28%). A. preserve the courts as a counter majoritarian institution. Looking at the E. eliminated the provision for matching federal campaign funds in presidential elections. The appointment of federal judges is influenced MOST substantially by. The Hatfield family lives on the east side of the Hatatoochie River and the McCoy family lives on the west side. The death of Justice Antonin Scalia in February 2016 prompted a third Obama nomination, that of Merrick Garland, in March 2016. By the end of his term, Trump had appointed more than a quarter of all active judges, and now Biden will have his own chance to reshape the judiciary. Appointed judges in my experience tend to be better qualified judges than those who run for the office. C. district court. C. is the only one based on the constitutional doctrine of the separation of powers. informs others of the Court's interpretation of the laws and thereby guides their decisions. With regard to the lower courts, the Supreme Court's primary responsibility is We have textbook solutions for you! (p. 474) What is the most common method in the states for the selection of judges? The speed of confirmations were 119 median days for district judges and 103 days for circuit judges. The Supreme Court decision in Marbury v. Madison is significant For 41. are the chief trial courts of the federal system. It would be pointless to incur the costs of an election campaign for a part-time judgeship. D. eleven have jurisdiction over a "circuit" comprised of the district courts in anywhere from three to five states. In his first term, President Donald Trump has appointed an almost unprecedented number of judges at the federal level. Senatorial courtesy refers to the tradition whereby A. blocked a manual recount of the Florida presidential vote. defer to decisions made by the legislature. Regarding Supreme Court procedures, which one of the following statements is NOT accurate? B. logrolling. an increase in the number of federal judges and justices with prior judicial experience, The Supreme Court is likely to grant a hearing when a case involves, an issue that is being decided inconsistently by the lower courts, also called a circuit split. In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. It's a record that will affect U.S. law for decades. E. an issue dealing with state constitutional law. In selecting judges, the states rely on what method? D. voting clause E. the Justice Department. C. have typically involved nominees who held elective office, particularly a seat in the U.S. Senate. Our federal judges are protected from the influence of the other branches, as well as shifting popular opinion. all of these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior.". In its ruling in Citizens United v. Federal Election Commission, the Supreme Court. E)personal friendships. D. Robert Bork C. deny individual rights when they conflict with the majority's desires. 37. C. pork barreling. The long-serving chief justice that established the principle of judicial review was, The judiciary's status as an independent branch of national government depends on judicial review, which grants the judiciary the authority to. E. decided that there was no federal question in the dispute. E. Laurence Tribe, 53. E. a U.S. appeals court upholding a lower state court ruling. Precedent, while not an absolute constraint on the courts, is needed to What is the appointment of federal judges most substantially influenced by. E. judicial executive power. The suits against Syngenta were organized into complex, federal multi-district litigation ("MDL") based in a court in the United States District Court for the . B. John Stevens And the pattern of GOP presidents choosing younger judges did not begin with Trump, even if he took the practice to a new level. With regard to public opinion, the Supreme Court, attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions, According to the doctrine of judicial restraint, the judiciary should. C. for the establishment of judicial review. Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities. E. an increase in the number of federal judges and justices with prior judicial experience, E. an increase in the number of federal judges and justices with prior judicial experience. All of these answers are correct. And pls don't just put a random answer to get points. exist in each state. A. ignores it in order to make decisions that are based on enduring values rather than the public's passing whims. The number of bankruptcy judges is determined by Congress. D. Thurgood Marshall Which of the following Supreme Court justices was appointed by President Dwight Eisenhower? B. the president. The constitutional provision that federal judges and justices hold office "during good behavior" has. Advertisement. Biden also wants to lower the temperature of partisan conflict, but there is no reason to think choosing older judges will have that effect. 51. E. None of these answers is correct. Recall that Obama and Trump nominated almost the same number of appellate judges (55 and 54, respectively). A. the Supreme Court reinterpreting a provision of the Constitution. The judiciary's status as an independent branch of national government depends on judicial review, which grants the judiciary the authority to. D. Attorneys who argue a case before the Supreme Court operate under strict time limits. affect which law or laws will apply to the case, Precedent, while not an absolute constraint on the courts, is needed to. Pew Research Center does not take policy positions. "With lifetime appointments, all federal court judges, but most particularly Supreme Court justices, exert substantial influence on the development and application of the law over a. A. adherence to precedent. Federal judges are nominated by the president, confirmed by the U.S. senate, and appointed for an indefinite period providing they maintain "good behavior." 40. So he invited the judges on trips to fancy resorts all . In 14 states, judges are selected in contested nonpartisan elections. Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial With the latest round of judicial appointments recently made by the Attorney-General to the Federal Circuit and Family Court of Australia, it is timely to consider how judges are appointed and what issues . The long-serving chief justice that established the principle of judicial review was 11. B. the statement explaining the reasoning behind a Supreme Court decision. Republicans have long understood this: Many of their most famous and influential appointees were put on the appellate bench at young ages, including Frank Easterbrook (nominated at age 36), Michael Luttig (36), Kenneth Starr (37), Samuel Alito (39), Douglas Ginsburg (40), Clarence Thomas (41), Richard Posner (42), Antonin Scalia (46) and John Roberts (46). By comparison, in two terms, Obama nominated 55 appellate judges, with none in their 30s, only six under age 45 and 21 over age 55. A. Charles Evans Hughes. (The number of active federal judges changes regularly because of retirements, resignations, new appointments and other reasons.). A. in response to actual legal cases. With regard to public opinion, the Supreme Court, attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions, An amicus curiae ("friend of the court") brief provides a court with the view held by. 35 Although Biden appointed judges at a . According to the Constitution, the federal courts can issue a decision only E. supreme judicial tribunal. But when it comes to the nations 13 federal appeals courts which have the final word on most legal appeals around the country Trumps influence is clear. A. establishing legal precedents that will guide their decisions. Nomination Process. judges. Of federal judges appointed by Obama, 42 percent were women and 36 percent were nonwhite. Non-White judges include those who identify as Black, Hispanic, Asian, Native American or another race or ethnicity, as well as those who identify as multiracial or multiethnic. In its ruling in Citizens United v. Federal Election Commission, the Supreme Court The Lawrence v. Texas decision in 2003 involved C. federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision. A. a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear. Why do I keep dreaming about my ex? D. apply only in the area of criminal cases and not in the area of civil disputes. constrain the judiciary, because court decisions must be based on applicable laws. B. concurring opinion. Keep in mind that it costs us about$75 to 2. The U.S. courts of appeals When presidents look for nominees to elevate to the high court, they usually select judges from the federal appellate courts. C. Robert Bork There are ________ federal district courts. E. equal protection clause, 40. E. None of these answers is correct. Previous other-party Senates were. This makes it one of the most widespread institutions in the world. 13. D. merit selection Consider the example of Justice Sonia Sotomayor, who was one of President Bill Clintons youngest appellate nominees, at age 43; she was 54 when Obama nominated her to the Supreme Court in 2009. The President appoints federal judges, including Supreme Court justices, with the advice and consent of the Senate. The American Coalition -- an anti-immigrant group -- claimed as recently as 1980: "Marihuana, perhaps now the most insidious of narcotics, is a direct byproduct of unrestricted Mexican immigration." The racial fallout from our drug laws has persevered. A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning. A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a, Compared with the decision in a Supreme Court case, the opinion is more significant because it. to buy car insurance. 12. For example, Neil M. Gorsuch was a mere 38 years old when nominated (by President George W. Bush) to become an appellate judge, Brett M. Kavanaugh was 41 (also Bush), and Amy Coney Barrett was 45 (Trump). 1. First, look at the numbers. Nominating younger judges is also crucial for developing leaders on the federal bench, including future Supreme Court justices. B. review trial court decisions. The Supreme Court is likely to grant a hearing when a case involves. c. technology transfer to another country or company\ In Bush v. Gore (2000), the Supreme Court The discretionary power of judges is less than that of elected officials because judges The long-serving chief justice that established the principle of judicial review was. In an attempt to depoliticize judicial nominations, Obama mostly appointed highly experienced sitting judges and federal prosecutors during his first term. Obama appointed the largest share of currently active federal judges at 38%, while George W. Bush named 20% of the total. E. 95. The appointment of federal judges is influenced MOST substantially by, When asked if he had made any mistakes as president, ________ replied, "Yes, two, and they are both sitting on the Supreme Court.". Since Democrats control both the White House and the Senate, and because the filibuster has been abolished for judicial appointments, Biden has significant freedom to choose whom to appoint. No confirmation was. For two . C. attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions. Patrick Semansky/AP. competitive elections of a partisan nature Trumps appointment of Barrett to the Supreme Court in 2020 made her just the fifth woman ever to serve on the high court, after former justices Sandra Day OConnor and Ruth Bader Ginsburg and current justices Sonia Sotomayor and Elena Kagan. and had a good track record, Brian didnt expect the need to carry much In Citizens United v. Federal Election Commission, the Supreme Court. The Supreme Court is most likely to grant ________ when the U.S. governmentthrough the solicitor generalrequests it. The federal system. A. partisanship. A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a. is a separate view written by a justice who votes with the majority but disagrees with its reasoning. Why US top court is so much more political than UK's. 21 September 2020. D. override any decision of a state court. The laws applicable to a case A. the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court. both criminal cases and civil cases are tried in state courts. \text{Interest paid during period} & 6,000,000\\ For years, Texans and court-watchers nationwide have formed strong opinions about the quality of justice in Texas. B. declined to get involved in the electoral process. E. personal friendships. A. most cases arise under state law, not federal law. 39. The life appointment insulates U.S. judges and justices from public emotion. They are lifetime appointments under the Constitution, which means the judges serve until death, impeachment, or retirement. C. cast a unanimous vote. Bush and Reagan each appointed 2%. declare another institution's action to be unconstitutional. B. promotion from within the legal establishment D. deferred to the Florida Supreme Court in the election dispute between the two major party candidates. What is the frequency if you lower D by a fourth to A? ", The power of the Supreme Court is MOST apparent in its ability to. 41. E. The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act. What happens to the demand for dollars in the market for foreign-currency exchange? The case involved administrative law, but the Court used statutory law as a basis for its decision. Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because 38. A. writ of certiorari. See answer. Course Hero is not sponsored or endorsed by any college or university. B. a lower rate of appointment due to longer serving times of federal judges and justices No Black woman has ever served on the Supreme Court. B. competitive elections of a partisan nature been asked by the division general manager to look for opportunities To put it bluntly: The age of judges matters. The committee typically conducts confirmation hearings for nominees to the Supreme Court, courts of appeals (circuit courts), and district . C. senators are consulted on the nomination of lower-court federal judgeships in their state. A. an interest that is not a direct party to the case. are although much greater in number, irrelevant to a president's policy agenda, are not subject to partisan consideration, have typically involved nominees who held elective office, particularly a seat in the U.S. Senate, are not subject to senate courtesy. A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a. What is the frequency if you lower B by a sixth to $\mathrm{D}$? Gorsuch, Kavanaugh and Barrett are all age 55 or younger. 22. Federal Election Commission, the Supreme Court illustrated that it is a political body. If anything, there are more women and more members of minority groups represented in the legal profession now than at any time in the past. Republican presidents since Ronald Reagan have appointed all of the youngest 25 federal appellate judges (at the time of their nomination), 45 of the youngest 50 and 76 of the youngest 100.. The cartel invests substantially to ensure that the right people are in key positions so as to further their objectives. E. are important about 50 percent of the time. B. lifted restrictions in corporate and union spending in federal election campaigns. Answer the following question in words and with a diagram. B. impeach federal judges who consistently ignore its rulings. D. jurisdiction; state Brian expected that B&L would have to arrange for extra storage 6. 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