Historical Controversies of Supreme Court Justice Selection

The selection of the new members of the Court is a complicated process that includes confirmation procedures from the President and the Senate. Usually, the President nominates candidates for these positions, and both Executive and Legislative Branches of the federal government participate in the vote. Consequently, the candidates who obtained the majority of votes are selected for the positions. According to the Constitution, candidates for Justice’s position should be trained in law despite their degree. Moreover, there are no special requirements for age, education, and profession. After the selection, the Supreme Court starts completing its responsibilities such as writs of certiorari, briefs, and oral arguments.

As part of one of the most powerful governmental institutions, the U.S. Supreme Court Justices faced many controversies over history, starting from George Washington’s time. Clarence Thomas, nominated by Republican President George H.W. Bush, faced controversies regarding his nomination as well. The fight regarding his persona was related to the case of sexual harassment. Thomas ultimately rejected accusations from his former colleague from the Department of Education and the Equal Employment Opportunity Commission, Anita Hill. The issue considerably affected Thomas’s s reputation and questioned his career. Nevertheless, the conflict was resolved by the support of Senator Jack Danforth, Thomas’s former boss. Finally, his candidacy was approved by 11 Democrats and the majority of Republican senators. Another case of opposition was related to Harriet Miers in 2005. She was assigned to the position by the Republican President George W. Bush, her old friend from Texas. Miers faced strong opposition due to their lack of background in constitutional law. She withdrew from the position quickly, never completing the Senate Judiciary Committee hearings procedure. Samuel Alito was another candidate selected by George W. Bush and confirmed for this position.

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StudyCorgi. 2022. "Historical Controversies of Supreme Court Justice Selection." September 26, 2022. https://studycorgi.com/historical-controversies-of-supreme-court-justice-selection/.

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