JBR - How Are Judges and Justices Chosen? Lesson

 

How Are Judges and Justices Chosen?

The U.S. Constitution does not list judicial qualifications, and it does not give any advice on judicial appointments other than stating that justices should exhibit good behavior. As a result, the selection of a judge or justice to the bench is based on tradition.

The Constitution provides broad parameters for the judicial nomination process.  It gives the responsibility of nominating federal judges and justices to the president. It also requires nominations to be confirmed by the Senate.

There are more than 600 judges that sit on the bench in district courts. Approximately 200 sit on courts of appeals, and 9 justices make-up the Supreme Court. Federal judges serve life terms. Therefore, no single president will make all appointments during a single term in office.

Recommendations for a judge or justice often come from the Department of Justice, the Federal Bureau of Investigation, members of Congress, sitting judges and justices, and the American Bar Association.

Selection Criteria

The president considers many factors when appointing a federal judge or justice to the bench. However, the following criteria play a large role in the process:

Experience

Most nominees have had substantial experience as a judge or government official, either on the state or federal level. Many nominees have law degrees or some other form of higher education.

Political Ideology

Presidents appoint judges who have similar political ideologies to their own. A president with a conservative ideology will usually appoint conservative judges and justices to the bench. Likewise, a liberal president will appoint liberal judges and justices to the bench.

Party and Personal Loyalties

A large percentage of appointees belong to the president's political party. Although political favoritism is minimal today, presidents will still appoint friends and loyal supporters to federal judgeships.

Ethnicity and Gender

Up until recent times, a large number of judges were white males. Today, ethnicity and gender are important criteria for appointing judges. Lyndon Johnson appointed the first African American to the Supreme Court in 1967, Thurgood Marshall. Ronald Reagan appointed the first woman to the Supreme Court in 1981, Sandra Day O'Conner. More recent presidents have appointed Latinos, members of other ethnic minority groups, and women to federal and district courts of appeal.

 

 

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