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3 years ago

List the 7 steps of someone becoming a Supreme Court Justice

Law

1 answer:

Triss [41]3 years ago

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Answer:

The President consults with his advisors, including Senators, to develop a shortlist of candidates that he will vet and interview before announcing a nomination. Both the public and private qualifications of each potential nominee will be investigated by government officials. The President is not required to reveal the names of the people he is considering for the nomination. There are no deadlines for how quickly a vacancy needs to be filled or for this process to be completed. A nomination could be announced within days of a vacancy or may take months. Outside factors, including political considerations or advance knowledge of a vacancy, will affect the speed of this process.

After the President nominates a candidate and informs the Senate, the Senate Judiciary Committee considers the candidate’s qualifications. This step in the process is not a requirement, but since the Civil War, it is the accepted practice. The Senate Judiciary Committee is composed of Senators from both the Democratic and Republican political parties. Currently, the Committee is current chaired by Senator Lindsey Graham (R- South Carolina). There are ten other Republican Senators and ten Democratic Senators, including Hawaii’s Senator Mazie Hirono that make us the remaining members of this Committee.

At this time, the President formally submits a nomination to the Senate the nominee is evaluated by the American Bar Association’s Standing Committee on the Federal Judiciary. The committee restricts its evaluation to the candidate’s professional qualifications and does not consider a nominee’s philosophy or ideology.

The Senate Judiciary Committee will schedule a hearing to consider the merits of the nominee. Before the hearing, the Committee will collect the information it will consider when interviewing the nominee. They may conduct their own investigations into the public and private life of the candidate. The nominee will also prepare for his or her appearance before the Senate Judiciary Committee.

During the hearings, witnesses to support and oppose the candidate will testify. The Senators on the Committee will have the opportunity to hear the witnesses and question the applicant on the information collected. There are no exact criteria or qualifications for U.S. Supreme Court Justices. In Federalist Paper 78, Alexander Hamilton created the historical expectation that judges would act impartially and with integrity when he stated that those selected to serve “unite the requisite integrity with the requisite knowledge” to “qualify them for the stations of judges.” There is a historical expectation that nominees will possess stellar legal qualifications evidenced by service on a lower court bench, legal scholarship, and/or a respected private practice. A Supreme Court justice is not required to have a law degree; however, to date, all of the justices have held a law degree.

Following the hearings by the Senate Judiciary Committee, the Committee members vote on the nomination. They have three options: confirmation, rejection, or no recommendation. Their decision is sent to the full Senate for debate.

The full Senate debates the nomination following the Rules of the Senate. Currently, the question can be called and debate halted with a simple majority vote (51 to 49) to end debate. (In April 2017, the Senate abandoned a practice known as filibustering which allowed endless debate on the floor and was often employed by the minority party to delay or defeat measures up for a vote, including Supreme Court nominations. A cloture vote of 60 senators – 2/3ds majority – was needed to end debate.)

When the debate ends, the Senate votes on the nomination. A nominee needs a simple majority of the Senators present and voting in order to be confirmed. If there is a tie, the Vice President casts the deciding vote.

Explanation:

Used https://library.law.hawaii.edu/2020/09/18/seven-steps-to-the-u-s-supreme-court-a-quick-look-at-the-nomination-process/

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Nana76 [90]

It is important to note that various states use various metrics. In general, states adhere to some form of the federal procedural norms. States do have the freedom to take risks in the sake of justice.

<h3>What are federal procedural norms?</h3>

Civil process in United States district courts is governed by the Federal Rules of Civil Procedure.

The Rules Enabling Act requires the United States Supreme Court to promulgate the FRCP, after which the United States Congress has seven months to veto the rules or they become part of the FRCP.

<h3>Further overview on the above legal situation is as follows:</h3>

At the first stage of the "trial," the defendant must submit a plea. This is frequently followed by a first appearance or preliminary hearing, which may involve a plea if evidence is discovered.

If there are compelling reasons to proceed, a grand jury will be formed to conduct more investigations.

A grand jury must provide evidence that justifies a capital murder trial. The district attorney's office has the same authority. The defendant is then asked if he understands the charge at a pre-trial arraignment.

A plea can also be entered here at times. If the evidence merits it, a formal writ will be sent to the court, signaling the start of a trial.

Following that, pre-trial hearings are held, and witnesses may be questioned. If the defendant claims to have an alibi, he must normally produce documentation. He must describe in full where and when he was when he was exonerated from the crime.

A mental examination may be conducted in some circumstances, particularly in capital trials. There may be a demand that multiple-count trials be heard separately in order to avoid biasing the jury (guilty of the first, more likely that he is guilty of the second).

Deposits can then be made. These are largely out-of-court testimony from witnesses that will serve as the foundation for the defense or prosecution when the trial begins.

Depending on the stage, either of these processes can be considered part of the discovery process. The defendant's record is disclosed at this point, and specific objects of evidence are given over for the defendant's comprehension.

The "Pre-Trial Conference," a relatively new federal rule, is convened to agree on specific criteria throughout the trial. The goal is to speed up the trial and streamline the procedure in general.

The defendant might then request that the case be transferred to another jurisdiction.

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