Membership of Supreme Court
Membership of Supreme Court
Membership of the Supreme Court
Basic Structure
- The United States Supreme Court is composed of nine Justices: one Chief Justice and eight Associate Justices.
- Appointments to the Supreme Court are for life, which means Justices serve until they pass away, retire, or are impeached and convicted by Congress.
Appointment and Confirmation of Justices
- Supreme Court Justices are nominated by the President and, if approved by the Senate, appointed to the Court.
- The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. This involves public hearings and debate, followed by a committee vote.
- If a majority of the Judiciary Committee approves the nominee, the nomination proceeds to the full Senate. A simple majority vote is required for the Senate to confirm and appoint the nominee.
Background of Supreme Court Justices
- Justices come from varying professional and educational backgrounds, although most hold law degrees and have worked as judges, academics or in legal practice.
- It has become increasingly common for nominees to have prior judicial experience.
- Only a third of all justices in Supreme Court history have had prior experience on the bench.
Diversity and Representation
- The Supreme Court’s representation of gender, race, and other demographic characteristics is a constant matter of debate.
- The first woman to serve as a Justice, Sandra Day O’Connor, was only appointed in 1981.
- As of 2020, only three women serve on the Supreme Court.
- The first African American Justice, Thurgood Marshall, was appointed in 1967. As of 2020, only three African American Justices have ever served.
Ideological Balance
- Supreme Court Justices don’t represent constituencies and are not expected to be representative in the same way as elected officials.
- However, over time, the idea of an ideological balance on the Court has become more prominent. Presidents will often attempt to nominate Justices they believe align ideologically with them.
- This has led to a fairly consistent conservative-liberal split on the court, with many decisions split along these ideological lines.
Criticisms
- One criticism of the Supreme Court’s membership is its lack of term limits, leading to Justices serving for decades and potentially creating a disconnect with the modern society and law they interpret.
- Critics often express concern over the intense politicisation of recent confirmation processes, which threaten the perceived impartiality of the Court.
- Additionally, the lack of diversity on the Supreme Court has been criticised for not fully representing the demographic makeup of the United States.