Donate Not, Lest Ye Not Be Judged

Critical Analysis

1. According to the data from the chart, how many years before their nomination did judges give the most money to the people who later confirmed them?

2. Here is the opening sentence from the fantastic Roll Call article the data above comes from. “Before they put on their robes, dozens of federal judges appointed during the Trump and Obama administrations made significant campaign contributions to Senate Judiciary Committee members and their home-state senators — the very people who could make or break their nominations.” Explain how just our justice system is.

3. How long do these judges serve once they are approved by the Senate?

4. Who makes up the rules about campaign contributions and then who rules on the constitutionality of these rules about campaign contributions?

5. What does this data tell us about checks and balances?

6. After reading about these contributions, one AP GoPo student referred to the practice of contributing to Senators who decide if nominees become lifetime appointees to the federal bench as “bribery.” Does that seem like a fair characterization of this practice?

7. Imagine you were a U.S. citizen outraged by this practice. What is one step a citizen could take to fight against this?

8. Alexander Freaking Hamilton wrote Federalist 78 about the federal judiciary. He stressed the importance of, “The complete independence of the courts of justice is peculiarly essential in a limited Constitution.” Explain whether you think Hamilton would have been please to read this article or see the chart above?

9. What U.S. Senator made the most money in campaign contributions from the nominees that they approved to become federal judges?*

10. How much money did the highest spending judge give to members of the committee who approved their nominee?*

Learning Extension

Read this amazing and surprising report about paying to become federal judges from Roll Call.

Action Extension

Contact one of your state’s two U.S. Senators and tell them what you think about Senators accepting contributions from judicial nominees.

Visual Extension*