Supreme Court Nominations - Law Library of Congress

Presumably, Eisenhower thought that the Republi tush from atomic number 20 had a similar political philosophy to his own and so that Warren would decide cases on the address in ship canal that would be in accord with Eisenhower's political philosophy and his administration. unrivalled of the first push throughs to face Warren when he asc dyinged to the bench was the constitutionality of racial segregation. The decision that would emerge was one of the most significant cases on race ever to be decided by the Court, Brown. v. bill of fare of Education. The Brown v. Board of Education decision was the beginning of the consolidation of schools in the South and would be the basis for the move to end to de facto segregation in the North as well. Once the issue was decided, however, it was implemented only slowly, and the reason for this was the prevailing attitude veritable(a) among whites sympathetic to the Black cause. This make was expressed by chair Eisenhower when he urged "moderation" and said it was necessary to wait for an familiar change, "a change within the heart that would bear takings in peaceful and constructive actions" (Konvitz 255).

This was only the first of a number of major decisions to come out of the Warren Court, and some(prenominal) were clearly in opposition to the Eisenhower administration and to the philosophy of Eisenhower himself. The view taken of Warren by conservatives like Eisenhower was that Warren's approach was ground on "an inappropriate philosophy," and they "called for a restricted vie

Moraski, Bryon J. and Charles R. Shipan. "Understanding the Selection of Supreme Court Nominees." Presented at the Annual Meeting of the Southern Political attainment Association, 1996.

Cameron, Charles M., Albert D. Co'er, and Jeffrey A. Segal. "Senate voter turnout on Supreme Court Nominees.

" American Political Science Review (1990), 525-534.

Yet, it is also ac cheatledged that no matter how too-careful Presidents might be in selecting nominees, once the nominee is confirmed, he or she is completely independent and may decide cases as they see fit. Some Presidents have taken a more active role in trying to assure that they can get the decisions they want, as when President Franklin Roosevelt attempted to pack the court with nominees who would make decisions that would non hinder his New Deal policies (Hall 743). Presidents know that they can have considerable influence on the billet taken by the Supreme Court by the nominations they make, not necessarily in a given case, but over years and decades as their nominees remain on the bench farsighted after the nominating-President is out of office. Yet, that very fact can misbegotten that a President's nominees will change and shift in their well-grounded thinking because of interactions, the force of time, and new developments.

Carter, Stephen L. "The Confirmation Mess." Esquire (April 1, 1994), 137-138.

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