When deciding who to nominate for appointment, the President usually considers 4 things
- legal expertise
integrity, competence, experience, knowledge
- party affiliation
usually affiliated in party politics before serving as a judge; people associated with
- judicial philosophy
loose interpretationist (judicial activism) or strict constructionist (judicial restraint)
- likelihood of confirmation by the Senate
senatorial courtesy with lower positions; non-divisive for SC
Appointees to any of the three tiers of the Federal Court System have a lifetime appointment. That does not mean, however, that there is no check on the power of the judiciary. While the Courts wield the power of judicial review, their power can be checked by
- appointment (executive and legislative)
- impeachment (legislative)
- amendments to the Constitution (legislative)
- inability to create action (nature of the institution)
District & Appellate Courts
see map on p.228
District Courts
- 94 districts nationwide
- minimum of 2 judges per district (Southern District of NY has 44)
- each has separate bankruptcy court
Appellate Courts
- 13 courts (12 circuits plus DC)
- mostly hear appeals from District Courts (US govt cannot appeal rulings)
- majority of cases are civil/criminal
- most rulings of lower courts upheld (fewer than 4% overturned)
- do not retry case; reexamine facts, court proceedings, and legal briefs of litigants (on occasion, oral argument is allowed)
Be familiar with various other federal courts
