Thursday, December 4, 2008

Notes for Wednesday continued

D. Justices Opinion
-states reasons for opinion
-justice can agree with judgement for different reasons rather than argument written: called concurrence and a concurring opinion can be created
-if minority- write dissenting opinion. why the majority was wrong.
-both can be drafted

E. after conference, chief justice writes majority opinion or assigns responsibility to another.

F. we should expect typical political behavior from justices as attempt to stamp their own views on cases

4) although he is only one of 9, the chief has unique/important functions
-may provide social leadership by generating solidarity or intellect, or leadership
-through his power to control docket and direct confferences, may excercise control over.

How become a judge?

1. nomination/confirmation
-president nominates when vacancy occurs or new postion in federal judicary
-Senate confirm the prez's nomination by majority vote. known as advise and consent.

1.the constitution specifies that judges be appointed for life or good behavior, protects them
from pressures
-in accordance with norm of senatorial courtesy.
-for district court nominees must be accepted by senior senator of presidents party from
the state the nominee is from
- senators can stall or scuttle unacceptable nominees

*share this nominating power with senate
-require that senators submit more than one name
-Bush wanted female/minority

*ABA is largest association of lawyers
-cannot nominate, but makes opinions of the well-known nominees
-for the most part, has given blessings

2)recent presidents have made thier mark
-presdients can influence process
-CLinton differed from Reagen and Bush---minority/women
-Prez accepts nominees who share values

Thats it from WED. quiz on friday (tom)

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