The importance of the nomination process

                No study of American politics would be complete without some recognition as to why the nomination process holds such importance. The first point to consider is that they are relatively infrequent. There can be a lengthy period in which no vacancy arises at all, as was the case between 1994 and 2005. Secondly, an appointment is for life. A successful nominee holds life tenure, whereas a member of the Cabinet (also nominated by the President) is likely to serve two to three years on average. This trend towards members of the Supreme Court holding greater longevity has been exacerbated by recent appointments being relatively younger than previous generations.

                The third point to consider is that there are just nine members on the hallowed bench. As such, a nominee represents one-ninth of the Court’s total membership. Moreover, he/she only needs to have a minimum of four others on their side to be part of a majority verdict. This contrasts sharply with members of the House, the Senate or indeed the Cabinet. In addition, the nomination process is important because of the Supreme Court’s power of judicial review. The President could well be nominating a person who might limit his power! Indeed, in the case of Clinton v. Jones (1997) the then President was ruled to have acted improperly in his relations with another woman. Those who ruled against him included members whom he had recently appointed to the Supreme Court (Breyer and Ginsburg). It should also be noted that judicial review can have a significant impact upon broader society, such as the hidden meaning regarding the right to privacy that forms the basis of abortion on demand.