Future of the Court POLS640.F.8 - Essay Example

Future of the Court According to the article II of the American constitution, a Supreme Court justice is nominated by thepresident and confirmed by the senate. Upon confirmation, a justice can serve in court for life due to good behavior or removed due to impeachment by the senate and House of Representatives. A Supreme Court justice is usually nominated according to the record and judicial philosophy that is consistent with the President’s political views ((Gibson and Thurgood 25). However, in most cases the majority of the nominated Supreme Court justices, end up disappointing the presidential expectations.

For instance, President Eisenhower appointed both Chief Justice William J. Brennan and Justice Earl Warren. He was later disappointed by their broadminded inclinations on the Supreme Court and referred them to as “the biggest damned-fool mistakes” (Kommers et al 13).A justice can be appointed for life especially if he or she has a long and distinguished career in law and a good record of public service. Majority of justices start their careers as members of congress, aspires of presidency, and judges of lower courts (Gibson and Thurgood 111).

There is a need to appoint justices for life when it comes to handling cases in the Supreme Court. This is because the longer the Justices remain in court; the more they become experienced when it comes to making decisions in Court. Deciding on which cases to be heard, requires effective decision making procedures. When petitions are reviewed and summarized by law clerks, the Chief Justice is required to make a good list of petitions to be discussed. In this stage the Justices agree on which petitions to reject and accept for discussion (Kommers et al. 18). The surviving petitions are then discussed in the conference at the beginning of Court’s term.

The “Rule of Four” criterion is used by justices to decide on the cases to be heard. If four Justices disagree to hear a case, then the petition is dismissed (Gibson and Thurgood 85). Cases that qualify to be heard must always have various factors. These factors include the magnitude of the issue raised by the case; clarity of the involved issue; development of a complete and clear record of the case by the lower court; and the case’s potential impacts on the Court’s own prestige and credibility (Kommers et al. 18).Highly experienced Justices are able to make effective voting on cases, as well as, writing opinions.

Each Justice reveals his or her views on the case being discussed and indicates how he or she intends to vote. In addition, the Chief justice gives his or her views and the intended vote and the order follows in a descending manner of seniority (Kommers et al 20). In this stage each justice functions as an independent entity because no one influences the other when making decisions. The tentative vote is followed by deciding on the person to write the opinion. This stage requires good experience and unique way of presenting and writing an opinion.

In conclusion, a Supreme Court Judge is usually nominated by the president of the state. The president considers various qualities when making the nominations. He or she looks at the nominee’s record of public service, the career in law, and the judicial philosophy. However, appoint a justice for life leads to a well experienced and effective justice when it comes to decision making in the Supreme Court. Works citedGibson S. Larry and Marshall Thurgood. Young Thurgood: The Making of a Supreme Court Justice.

Amherst: Prometheus Books, 2012. Print. Kommers et al. American Constitutional Law: Essays, Cases, and Comparative Notes. Lanham: Rowman & Littlefield Publishers, 2009. Print.