A Critical Analysis of Appointment of Federal Supreme Court Judges in United States of America

Abstract

This research article focuses on a critical analysis of the process by which federal Supreme Court judges in United States of America are appointed. As one of the oldest democracies in the world, the process of judicial appointment in USA has been shaped by centuries of history. The article explores the unique process of judicial appointments in federal Supreme Court of United States where the President and the Senate share the power conjointly, but independently of each other. It looks into the factors which have assumed relevance in the decision making process of both the President and the Senate. The author argues that though the theoretical structure for the appointment of judges in USA is sound, the greatest achievement has been the processes which have developed beyond a direct mandate of law. The conventional practices associated with the process of judicial appointment have brought in a degree of transparency which is elusive in many other countries. The author acknowledges the obvious political flavor in the entire process, but argues that the degree of transparency provides a substantial benefit.