Question

Explain the constitutional process for the selection of federal judges. What are the criteria used by presidents to make their selections? How do the criteria change if the president is a Democrat as opposed to a Republican? What is the role of the Senate? How has this role changed over the years? How is it different if the president’s party controls Congress than if the opposition controls Congress?

please answer all.

Answer 1

Background Information

Before moving to the constitutional process for the selection of federal judges in the United States, it is important to understand the legislature of the United States which appoints Federal Judges. Congress in the US consists of a bicameral legislature: the Senate and the House of Representatives. In all, Congress has 535 voting members: 435 representatives and 100 senators.

Till date, In Senate, there are 53 Republicans, 45 Democrats and 2 Independents. And in House of Representatives, there are 197 Republicans, 235 Democrats and 3 seats are vacant.

How Federal Judges are appointed?

As per Constitution of the United States, Federal Judges are nominated by the President and thereafter confirmed by the United States Senate.
The names for Federal Judges are recommended by senators or sometimes by members of the House who are are from President's political party. Present President of the United States, Donald John Trump, is from the Republican Party.

As per Article III of the Constitution, Federal Judges are appointed for a life term.

Following steps are taken to select federal judges of the United States of America

Step 1. The President nominates an individual for the post of Federal Judge.

Step 2. The nominee has to answers a questionnaire and this questionnaire is reviewed by the Senate Judiciary Committee. The above-mentioned Committee then holds a hearing with the nominee.

Step 3. Then, the Committee sends a blue slip to senators from the home state in which the judicial nomination was received seeking their approval or disapproval of the nominee.

Step 4 After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

Step 5. If the name of nominee is approved, the nominee is voted on by all the members of Senate.
However, If the Committee votes to return the nominee to the President, then President has the opportunity to re-nominate the individual.

Step 6. If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.I

Criteria used by the President

One of the most important criteria that is considered by the President for the appointment of a federal judge is legal training and experience.
Moreover, additional factors considered by the president (to achieve a balanced court) are the candidate’s religion, region, race and sex.   

Does it matter whether a President is Republican or Democrat?
The President prefers those nominees (for appointment as federal judges who share his party's philosophy about government, the law, and the Constitution. The ideology of the Republican Party is American conservatism, which contrasts with the Democrats' liberal platform and progressive wing. The Republican party supports free market capitalism, lower taxes, free enterprise, gun rights, seeks to uphold traditional values etc

Loyalty factor
Generally, high percentage of appointees belong to the president's political party. Political favoritism is less common today as compared to few decades ago. Still, president appoint friends and loyal supporters