Supreme Court Nomination and Judicial Philosophy

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Robert Bork's Supreme Court nomination controversy

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His originalist views and past writings drew strong opposition.

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Significance of Merrick Garland's 2016 Supreme Court nomination

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The Senate refused to hold hearings, citing proximity to the presidential election.

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Description of Judicial Activism

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Judicial rulings suspected of being based on personal or political considerations.

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Emphasis of Judicial Restraint

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Deference to the decisions made by the legislative and executive branches.

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Nuclear Option in the U.S. Senate

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A change to Senate rules to allow a simple majority to end filibusters on nominations.

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Senatorial Courtesy

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A senator from the President’s party can block a judicial nominee from their state.

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Requirement for Standing in Court

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A direct, personal stake in the outcome of the case.

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Justice Clarence Thomas

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Known for his originalist and conservative judicial philosophy.

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A strict constructionist judge is most likely to:

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Follow the literal meaning of the Constitution’s text.

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A liberal (loose) constructionist judge typically:

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Interprets the Constitution as a living document that adapts to modern society.