Carp Chapter 6
Carp Chapter 6
Carp Chapter 6
now (Obamas term) more women and minorities are being appointed
o Generally an elite group
Appeals Court Judges (background characteristics)
o Even more likely to have previous judicial experience than district judges
o At least in recent years (Clinton, Obama), more minorities and women are
being selected
o Economically blessed67% of Obamas picks had a net worth of $1
themselves politically
Expected to meet a reasonable level of professional
competence
Political Qualifications
In some cases judgeship may be a reward for major service
to the party in power or to the president or senator
lifetime
Self-Selection
Some have discreet campaigns
Most dont seek out judgeship actively, as this is seen as
kind of obnoxious
Element of Luck
Tons of variables in the judgeship process, so a lot of it
(senatorial courtesy)
Senatorial courtesy doesnt apply to appellate court appointments,
although presidents usually defer to senators of their party from
qualified
Stereotyped as a group of business-oriented corporation attorneys
ABA)
o Senate Judiciary Committee
Makes recommendations to the senate as a whole
Screen individuals who have already been nominated
Have informal conversations with the candidates
Can affect the selection process in many ways: can delay it; flat out
disapprove of people; etc.
Historically Southern and conservative flavor
o The Senate
Must approve the candidate by a majority vote
Usually the senate goes along with the presidents choice unless
process
Disability of Federal Judges
o Since 1984 federal judges have been permitted to retire with full pay and
benefits under the rule of eightywhen the sum of a judges age and
number of years on the bench is eighty
o Often times judges plan their resignation to occur when their party
controls the presidency so they can be replaced by a jurist of similar
political and judicial orientation