Verified Document

Federal Courts On Contemporary Issues Essay

Federal Judiciary On Wednesday morning, right before the Supreme Court justices were about to begin their day, Justice Kennedy put a 24-hour hold on a Ninth Circuit Court mandate nullifying same sex marriage bans in the states of Nevada and Idaho (Denniston, 2014). The temporary stay on the Ninth Circuit's ruling is to allow ban opponents to present their side of the issue. This ruling surprised everyone because last year the Supreme Court ruled Section 3 of the Defense of Marriage Act (DOMA) unconstitutional because it violated the equal protection clause of the Fifth Amendment (United States v. Windsor, 2013). Since then several district and circuit judges have been ruling against same-sex marriage bans instituted by a number of states.

The Supreme Court's ruling in United States v. Windsor (2013) hinged on DOMA usurping state's rights, in particular a state's right to define the act of marriage. New York State for example, sought to protect gay couples by conferring the same rights and privileges afforded to heterosexual couples under the laws of the state, but DOMA, according the majority opinion of Justice Kennedy, infringed upon this right by declaring that the federal government has the right to impose its definition of marriage on states. In doing so, the federal government was violating due process and equal protection rights under the Fifth Amendment.

The Ninth Circuit Court in Sevcik v. Sandoval (2014) and Latta v. Otter (2014) adopted the same argument used by the Supreme Court. In other words, state legislatures likewise cannot violate the equal protection and due process rights conferred by the Fifth Amendment, thereby rendering same-sex marriage bans unconstitutional. The direction the federal courts are moving on this issue is aligned with public sentiment...

The legal logic that has been applied, namely the use of the equal protection clause of the Fifth Amendment, brings gay couples closer to full membership in mainstream society.
Question 2

Judicial candidates for the federal bench are nominated by the President of the United States and confirmed by the U.S. Senate (Administrative Office of the U.S. Courts, n.d.). There are nine justices that sit on the Supreme Court, 179 in the Court of Appeals, and 677 in the District and Territorial Courts, which is a total of 865 judgeships. As of today (October 8, 2014) there are 7 and 53 vacancies on the Court of Appeals and District Courts, respectively, with only 31 nominations pending Senate approval. The current sitting President has appointed 2 Supreme Court, 35 Court of Appeals, and 173 District Court judges between 2009 and 2013.

The President and senators are far from the only leaders involved in the confirmation process. The American Bar Association (2014) has been counseling presidents and the Senate since 1953 on the qualifications of candidates for federal judgeships, although the Bush Administration did not take advantage of this service. The Standing Committee on the Federal Judiciary performs this function and its members consist of 2 judges from the Ninth Circuit, 1 judge each from the other circuits, and a committee chair. Three-year terms, with a two-term limit, are the norm. The main criteria used to evaluate each candidate is the "…reputation for professional competence, integrity, and devotion to public service" (American Bar Association, n.d.). What the Standing Committee does not do, however, is nominate or endorse candidates for the federal bench.

I cannot imagine improving on this process,…

Sources used in this document:
References

Administrative Office of the U.S. Courts. (n.d.) Judges & Judgeships. Retrieved from http://www.uscourts.gov/JudgesAndJudgeships/FederalJudgeships.aspx.

American Bar Association. (2010, May 11). American Bar Association. Retrieved from http://www.scotusblog.com/american-bar-association/" target="_blank" REL="NOFOLLOW" style="text-decoration: underline !important;">http://www.scotusblog.com/american-bar-association/.

American Bar Association. (2014). Standing committee on the federal judiciary: What it is and how it works. Retrieved from http://www.americanbar.org/content/dam/aba/uncategorized/GAO/Backgrounder.authcheckdam.pdf.

Bearden v. Georgia, 461 U.S. 660 (1983). Retrieved from https://supreme.justia.com/cases/federal/us/461/660/case.html.
Denniston, L. (2014, October 8). Same-sex marriages in Nevada? Maybe yes, maybe no. Retrieved from http://www.scotusblog.com/.
Latta v. Otter, 9th Circuit Docket No.14-35420, 14-35421 (2014, October 7). Retrieved from http://www.ca9.uscourts.gov/content/view.php?pk_id=
Levy, P. (2014, July 21). With judicial nominations held up, justice comes slowly. Newsweek. Retrieved from http://www.newsweek.com/judicial-nominations-held-justice-comes-slowly-260029.
National Public Radio. (2014, may 19). State-by-state court fees. Retrieved from http://www.npr.org/2014/05/19/312455680/state-by-state-court-fees.
Sevcik v. Sandoval, 9th Circuit Docket No. 12-17668 (2014, October 7). Retrieved from http://www.ca9.uscourts.gov/content/view.php?pk_id=
United States v. Windsor, 570 U.S. ____ (2013). Retrieved from https://supreme.justia.com/cases/federal/us/570/12-307/.
Cite this Document:
Copy Bibliography Citation

Related Documents

Court System Understanding the Court
Words: 1058 Length: 4 Document Type: Term Paper

In his joint article with Oleg Smirnov, "Drift, Draft, or Drag: How the Supremes React to New Members," Smith takes an even closer look at the Supreme Court and the history of its political (or interpretive) makeup. Specifically, these authors find that the Court counter-balances changes to its ideological makeup through the addition of new members by changes in the overall interpretative stances of opposing justices -- the addition of

Contemporary Issues in Criminal Justice
Words: 1153 Length: 4 Document Type: Term Paper

growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system. According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint." Over the past

Federal Judicial System in the U S
Words: 3213 Length: 11 Document Type: Essay

Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. William A. Fletcher and James E. Pfander wrote a book, Gilbert Law Summaries on Federal Courts, which provides an outline of the federal court system in the U.S. The book provides

Issues and Advocacy Framework Development on Education
Words: 3977 Length: 10 Document Type: Research Paper

Education Advocacy Issues Massive institutional racism and structural inequalities still exist in the United States, especially in housing, public education and the criminal justice system in inner city areas. In every urban area, the quality of education available to poor and minority students is demonstrably worse by any measure than that of their white peers in the suburbs. This type of institutional discrimination is not caused by genetic or cultural deprivation

Federal Government and Its Power
Words: 1760 Length: 6 Document Type: Research Paper

Does the Federal government have enough power?IntroductionBased on the American Constitution, the nation is under federalism type of government. Federalism was established after the independence of the thirteen states, as described in the Articles of Confederation. However, the Federal Government at the time was very weak, and the Founding Fathers decided to develop a new system of Government. Within the present Constitution of the United States, the Federal Government has

Federal Mandatory Minimum Drug Sentences and Their
Words: 2517 Length: 8 Document Type: Research Paper

Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now