Read the following quote and then answer the questions by filling in the sentence stems below:

"The Supreme Court is not elected (by the people), and it is therefore not a proper arbiter of social policy." -Lamar S. Smith

1) How would you define arbiter in the context of this sentence?

2) Some may agree with this quote because...

3) Some may disagree with this quote because...

4) However, Smith is/is not correct because.....(this is your opinion)

THEN:

1. Read the article below (How a Supreme Court Nominee Joins the Bench) and answer questions 1-3.

________________________________________________________________________

How a Supreme Court Nominee Joins the Bench

From Matthew Berger, former About.com Guide

Scholars say Supreme Court appointments are the best way for presidents to ensure their legacy. Most justices stay on the bench for years after an administration comes to an end. And presidents never know exactly how a judge will rule. President George H.W. Bush thought he was getting a reliable conservative in David Souter; he wound up often joining the court's liberal wing before his retirement in 2009. The Supreme Court confirmation process can last for months, and is closely watched by the media and the many interest groups that follow policy issues. Because justices hold lifetime terms, many lawmakers and policy advocates comb through a nominee's past writings and speeches to gauge whether a nominee is qualified.

Here's how it works:

A Vacancy Emerges

Most Supreme Court nominees announce their retirement on the last day of the court session, around July or August. But a vacancy can emerge at any time. Souter announced his plans to retire in May, and Chief Justice William Rehnquist's position became open when he died in office in 2005.

Building a Short List

Many White House administrations have a long list of potential Supreme Court justices ready for whenever a vacancy emerges. But once there's an empty seat, many people weigh in with suggestions. White House officials often consult with interest groups and lawmakers as they interview candidates, cutting the big list down to a short list, and eventually, one name. Beyond credibility, the president may look to someone to fill a niche role or represent a voice not currently on the court.

The Announcement

Usually after weeks of fodder and debate, the president announces a choice. The nomination announcement is one of the rare times that a justice will speak to the media, though they rarely take questions. The White House uses the opportunity to sell the candidate to the public and the members of the Senate that must approve the choice.

The Justice Meets the Senate

In 1922, Sen. George Sutherland was confirmed by the Senate on the same day he was nominated by President Harding. But in modern times, justices spend weeks meeting with senators before they are formally interviewed by the Senate Judiciary Committee. The senators may ask about controversial topics that may come before the court, but prospective justices rarely answer the questions directly. The candidate will also often fill out a written questionnaire and release tax records and other pertinent (relevant) documents.

Confirmation Hearings

Supreme Court nominees have to be approved by the Senate Judiciary Committee, and usually sit for formal hearings. Senators on the committee take turns asking questions about the justice's history, writings and policy opinions. The process, which can take days, is often shown live on television. The committee also hears from the nominee's friends and colleagues, as well as some people opposed to the nomination.

The Committee Votes

After the hearing, the Senate Judiciary Committee votes on whether to formally send the nominee to the full Senate for a vote. It is not necessarily an endorsement. The vote on Clarence Thomas in 1991 was 7-7, so Thomas' name was sent to the full Senate without a recommendation.

The Full Senate Decides

The Constitution gives the Senate the right to "advice and consent" for Supreme Court nominees. The Senate members can choose if and when to vote on the nomination. The nominee needs 50 votes to pass, but must garner the support of at least 60 members. Otherwise, the opponents can force a filibuster, in which one or more senators can speak for as long as they choose and delay the vote indefinitely.

The New Justice Takes the Oath

If the Senate approves the nominee, the new Supreme Court can take the seat right away. Justices take two oaths: one for all federal judges and a second constitutional oath. Sonia Sotomayor was the first justice to have her swearing in ceremony televised in 2009. Because many justices are confirmed between sessions of the Supreme Court, they often start to serve at the beginning of the next term. Supreme Court terms begin on the first Monday in October and typically end in late June. When a new justice joins the court, it is customary for all nine to pose for a photograph together.

Questions: Using specific evidence from the reading above about the steps in the selection process, answer the following questions:

1) Some people may be in favor of citizens voting for Supreme Court justices because...

2) Some people may not be in favor of citizens voting for Supreme Court justices because....

3) People should/should not (choose one) vote for Supreme Court justices because....

Summary: Complete the following sentence stems.

1) write down 1-2 questions you still have about the selection process after reading the article.

2) The current method for choosing Supreme Court justices is effective because...

3) The current method for choosing Supreme Court justices is effective but...

Bonus Question: How would you incorporate voting into the Supreme Court justice selection process?