Advice and consent

This chapter analyses one of the most controversial aspects of the modern U.S. Supreme Court: the process of appointing new Justices. It examines the power and politics of Supreme Court appointments. The chapter explores issues such as who becomes a Supreme Court Justice and why; who influences the selection of the Justices and how; and what effect does the selection process have upon the subsequent behaviour of the Justice once seated upon the Court. It presents the broad constitutional framework concerning the appointment of Supreme Court Justices as well as the mechanisms of advice and consent between the U.S. President and the Senate. The major criteria for presidential nominations are judicial quality, the American Bar Association rating, prior judicial experience, party affiliation, political ideology, personal symbolism, and confirmability by the Senate. The chapter also describes the characteristics of the Justices and post-confirmation judicial behaviour.