When the Senate uses a test of sorts to determine who they confirm as a federal judge. Since the President picks a nominee who reflects his point of view, the party who’s not in power usually complains about the litmus test.
In spite of the litmus test, what does the Constitution say about qualifications for federal judges?
Judges serve during good behavior, they don’t have to lawyers or even judges, they just have to behave.
How many cases that are appealed to the Supreme Court actually get to the Supreme Court?
Written when a justice agrees with the conclusion of the Court’s decision, but disagrees with the logic of the opinion of the Court of the Court.
Why do people have a problem with judicial activism?
Judges have no experience with complex institutions (like schools), they’re not elected and immune from what people want, there is a cost to implementing decisions made by activist judges which they don’t think of when making their decisions.
What makes the judicial system in America different?
It is an adversarial system and the truth is supposed to be a result of the two opposing sides.
How are federal district courts different from other federal courts? (Like the Supreme Court and the Federal Court of Appeals)
They have juries (they’re the courts where you get tried when you rob a bank or beat up a mailman).
When the senators of a certain state are consulted in the appointment of federal judges (does not extend to Supreme Court nominees)
How can special interest group affect the federal courts?
File class action lawsuits based on their interests, file amicus briefs stating their cause and their point of view on a pending case, lobbying the Senate Judiciary Committee regarding potential nominees to the bench.
The appellate jurisdiction of the Supreme Court
They have no juries, usually 3 judges, reviews cases that have already been heard in lower courts and have been appealed to higher courts by the losing party
How can a presidential administration best influence the direction of the federal court system?
Appointing judges to the bench, deciding which cases the government will appeal to the Supreme Court, and enforcing the decisions made by the federal courts
What are the different concurring opinions available?
Simple concurring opinion – judge joins the decision of the court but has something to add Concurring in judgment - judge agrees with the majority, but not with the constitutional reasoning