U.S. Court of Appeals for the Seventh Circuit, 1970–75
Justice Clarence Thomas: U.S. Court of Appeals for the D.C. Circuit, 1990–91
John Rutledge (1795): rejected 14–10 (as chief justice)
Alexander Wolcott (1811): rejected 24–9
John C. Spencer (1843): rejected 26–21
George W. Woodward (1845): rejected 29–20
Jeremiah Black (1860): rejected 26–25
Ebenezer R. Hoar (1870): rejected 33–24
William B. Hornblower (1893): rejected 30–24
Wheeler Peckham (1894): rejected 41–32
John J. Parker (1930): rejected 41–39
Clement F. Haynesworth Jr. (1969): rejected 55–45
G. Harrold Carswell (1970): rejected 51–45
Robert Bork (1987): rejected 58–42
What qualifications must a federal judge possess?
The Constitution provides no criteria or qualifications for federal judges. Technically, a non-lawyer with no legal experience could be appointed to the U.S. Supreme Court.
CourtSpeak: Federal Judgeship Rating Systems
ABA Standing Committee on Federal Judiciary: “To merit a rating of ‘Well Qualified,’ the nominee must be at the top of the legal profession in his or her legal community; have outstanding legal ability, breadth of experience, and the highest reputation for integrity; and either demonstrate or exhibit the capacity for judicial temperament. The rating of ‘Qualified’ means that the nominee meets the Committee’s very high standards with respect to integrity, professional competence and judicial temperament and that the Committee believes that the nominee will be able to perform satisfactorily all of the duties and responsibilities required by the high office of a federal judge.
“When a nominee is found ‘Not Qualified,’ the Committee, based on its investigation, has determined that the nominee does not meet the Committee’s standards with regard to professional competence, judicial temperament or integrity.”
Congress and the Department of Justice carefully review nominees to determine if they have the requisite degree of professional accomplishment and experience necessary for the lofty position. Most of the judges have a record of outstanding professional achievement, key political connections, and a history of public service in some capacity. Many appellate judges have had some prior judicial experience. For example, all nine justices of the U.S. Supreme Court previously had some form of judicial experience before they served on the U.S. Supreme Court.
What is the role of the American Bar Association in the Supreme Court nomination/confirmation process?
With more than 400,000 members, the American Bar Association is the largest professional trade association of lawyers. It has played a significant role in the U.S. Supreme Court (and lower federal courts) confirmation process. The ABA participates through its 15-member Standing Committee on Federal Judiciary.
From 1952 to 2001, the presidents of the United States would consult with the Standing Committee regarding proposed nominees. For example, President Gerald Ford sought the committee’s views on numerous candidates before finally nominating Justice John Paul Stevens in 1976. Since 1948, the Committee has provided the U.S. Senate Judiciary Committee with evaluations of every federal judicial nominee.
In March 2001, President George W. Bush took a different stance. Alberto Gonzales, counsel to the president, wrote a letter to the ABA, saying that the White House would no longer use the Standing Committee as a pre-screening mechanism before selecting judicial nominees. Gonzales wrote in part:
Size of the Court
| 1789–1807: 6 justices | 1863–66: 10 justices |
| 1807–37: 7 justices | 1866–69: 7 justices |
| 1837–63: 9 justices | 1869–present: 9 justices |
The question, in sum, is not whether the ABA’s voice should be heard in the judicial selection process. Rather, the question is whether the ABA should play a unique, quasi-official role and thereby have its voice heard before and above all others. We do not think that kind of preferential arrangement is either appropriate or fair.
It would be particularly inappropriate, in our view, to grant a preferential, quasi-official role to a group, such as the ABA, that takes public positions on divisive political, legal, and social issues that come before the courts. This is not to suggest that the ABA should not adopt policy positions or express its views. But considerations of sound constitutional government suggest that the President not grant a preferential, quasi-official role in the judicial selection process to a politically active group.
However, the Senate Judiciary Committee asked the ABA Standing Committee on the Federal Judiciary to continue reviewing those nominated for federal judgeships. And the White House still used the ABA’s recommendation of “highly qualified” for nominee Samuel Alito Jr. in arguing that he should be confirmed. The ABA’s ratings of “highly qualified,” “qualified,” and “not qualified” still carry great weight in the legal profession.
When and how did the Court come to be composed of nine justices?
The Court’s membership grew to nine members with the passage of the Judiciary Act of 1869. The thinking behind the legislation was to have a Supreme Court justice for every circuit court of appeals. Since there were nine circuit courts, it made sense to have nine justices on the Supreme Court.
The number of justices has fluctuated over the years from between five to ten. Since 1869, the number has remained at nine. However, in 1937, President Franklin D. Roosevelt introduced his “court-packing” plan that would have increased the Court’s size to as many as fifteen justices. His proposal was not passed and the number has remained constant.
What is the compensation of the Supreme Court justices and other federal judges?
The chief justice makes $212,100 per year, while the associate justices make $203,000 per year. This has risen dramatically since the time of the first Supreme Court justices when the chief made $4,000 a year and the associate justices $3,500 a year. Federal law, 28 U.S.C. Section 5 provides: “The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.”
Federal appeals court judges make $175,100 a year, while federal district court judges make $162,500 a year.
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