Supreme Court Nomination Process Essay

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On August 29th 2011, Associate Justice Ruth Bader Ginsburg visited the Southern Methodist University Dedman School of Law. During an interview with Dean John B. Attanasio, she discussed her confirmation process and commented on the different milieu's that candidates have faced when nominated for a seat on the Supreme Court. Ginsburg explained that “[Between] 1993 and 1994, the climate was so different from the way it is today...The vote on me was 93 to 3. Today my ACLU connection would most likely disqualify me. I wish we could wave a magic wand and go back to those days when the process was truly bipartisan.” This quote from Justice Ginsburg aptly summarizes the transformation of the the Supreme Court nomination process from its past to its …show more content…
First, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Secondly, the high court protects the civil rights and liberties of the common American by striking down laws that violate the Constitution. The final major role of the Supreme Court is to appropriately monitor our government in such a way that popular majorities may not harm or take advantage of unpopular minorities.
For most of our history, the Supreme Court selection process was characterized by its insularity. Until the latter part of the twentieth century, most nominations almost involved exclusively the White House and the Senate. Public controversy over nominees rarely existed and the debate included a small number of insiders. The process of nominating Supreme Court justices manifested the cooperation of the three branches of American national government. The Constitution provides for presidential appointment power over “judges of the Supreme Court” with the “Advice and Consent” of the

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