Question

problem 5.5
a. you are legal counsel to the president. one of the supreme court justices has just announced his resignation. many groups and individuals are suggesting names of people they think should be nominated to the president. write a memo to the presi - dent describing the type of person who should be nominated to the u.s. supreme court.
b. as legal counsel to the president, look at the following characteristics of potential supreme court nominees. rank them from most important to least important. be pre - pared to give reasons.

• 45 years old
• asian american (assume there are no asian americans on the court)
• female
• graduated first in class from a top law school
• respected trial - court judge
• friend of the president
• believes that affirmative action is unconstitutional
• believes in a womans right to an abortion
• lives in california (assume there are no current justices from the west coast)

c. assume you are a member of the senate judiciary committee. a nominee for the supreme court has an excellent reputation as a lawyer and lower - court judge but is likely to vote, if confirmed, to overturn the case that established a womans right to choose an abortion. voters in your state tend to support the right to choose. how would you vote on the nominee?

Explanation:

a. The memo should consider legal - expertise, judicial experience, ideological neutrality (or alignment with the president's values within legal bounds), and diversity to enhance the Court's legitimacy. It should also factor in the nominee's ability to interpret the Constitution fairly.
b. Graduated first in class from a top law school is highly important as it indicates strong legal knowledge and academic excellence. Being a respected trial - court judge shows practical judicial experience which is crucial. Gender and ethnicity can contribute to the diversity of the Court, which is also an important consideration in modern times. Age is a less significant factor compared to the others as long as the nominee is of suitable mental and physical capacity.
c. As a member of the Senate Judiciary Committee, one's vote should balance the nominee's legal qualifications with the will of the state's voters. While the nominee has an excellent reputation as a lawyer and lower - court judge, the stance on abortion rights is a significant factor. Given that voters in the state tend to support the right to choose, voting against the nominee may go against the will of the constituents. However, one should also consider the nominee's overall legal merits. A possible approach could be to thoroughly question the nominee during the confirmation hearings about their stance on abortion and other legal issues to make a more informed decision.

Answer:

a. The memo should outline a nominee with strong legal background, judicial experience, appropriate ideological stance, and potential to add diversity to the Court.
b. Most important: Graduated first in class from a top law school, respected trial - court judge. Less important: Female, Asian American, 45 years old.
c. The decision on the vote should be based on a combination of the nominee's legal qualifications and a consideration of the state's voters' stance on abortion rights, after thorough questioning during confirmation hearings.