Question

"President’s Effect in Appointing Federal Judges and Analysis of the 2013 Decision Regarding DOMA" Please respond to the following:

• Referring to the study regarding the effect of presidential philosophy on the selection of judges, determine two (2) ways in which presidential philosophy can impact judicial decision making. Draw three (3) conclusions from the study. Provide specific examples to support your rationale.
• Summarize three (3) key issues that the DOMA decision of 2013 addressed that fall under the Fourteenth Amendment of the U.S. Constitution. Indicate which of the three (3) issues you believe will have the greatest overall impact on society in the future. Justify your response.

Answer 1

Referring to the study regarding the effect of presidential philosophy on the selection of judges in chapter 7, determine two (2) ways in which presidential philosophy can impact judicial decision making. Draw three (3) conclusions from the study. Provide specific examples to support your rationale.

A presidents’ ideological principles, clout, and the number of vacancies have an impact on judicial decision making. Many presidents appoint judges based on loyalty to the President. A president that is popular with the public, news media, his party, and interest groups normally have no problem getting judges appointed. Clout can affect whether a judge will also be selected. When the Senate is controlled by the president’s party, he can freely pick judges without opposition. When the Senate is controlled by the opposite party, the legislature blocks those same judges. This happened when Barack Obama was President. He picked judges that were overly qualified with impeccable records that were denied by the senate. If a president has a large number of vacancies in the Court, the justices he picks would share the executive's philosophies to ensure their election.

summarize three (3) key issues that the DOMA decision of 2013 addressed that fall under the Fourteenth Amendment of the U.S. Constitution. Indicate which of the three (3) issues you believe will have the greatest overall impact on society in the future. Justify your response.

The part of the 14th Amendment recognized the Defense of Marriage Act (DOMA) is all people are guaranteed equal protection under the laws. If a person is legally married in a state that recognizes same-sex marriage, they should be entitled to the same rights as spouses in opposite-sex marriages. All marriages should be recognized equally when it comes to benefits, health insurance, tax advantages, social security, and any other benefits allowed to opposite-sex marriages. The most significant impact of DOMA is that people who are in a same-sex marriage can be divorced and have to abide by community property laws like alimony. I also think the law strengthens families because they can receive health benefits that were previously denied. Employers have to comply with this decision.