U10DQ1.docx - Politics Judge Selection and Judicial...

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Politics, Judge Selection, and Judicial Outcomes After the death of Supreme Court Justice Antonin Scalia in February 2016, President Obama nominated U.S. Circuit Court Judge Merrick Garland to fill the vacancy. However, the Republican majority Senate refused to vote on the nomination. President Obama argued that the constitutional language stating that the president “shall” appoint judges to the Supreme Court “with the advice and consent of the Senate” meant that the Senate had an obligation to hold a vote on the nomination. However, Senate Republicans maintained that they were fulfilling their constitutional duty by choosing not to consider Judge Garland. To prepare for this Discussion, review the Learning Resources, in particular the Posner op-ed in the Washington Post on the Supreme Court, and consider how politics affects judicial selection. Post by Day 3 your perspective on how politics affects judicial selection. Include your perspective on the influence of a federal judge’s political ideology on judicial outcomes.
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  • Fall '16
  • Supreme Court of the United States, President of the United States, Antonin Scalia

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