Who is Qualified?

The president nominates justices to the Supreme Court, subject to majority approval by the Senate. There are no rules spelled out in the Constitution regarding the qualifications of judicial candidates, so technically, the president can nominate anyone he or she wants. However, there are certain traditional attributes that viable candidates for a spot on the Supreme Court should have if he or she is to have any chance of Senate approval.

Collection of the Supreme Court of the United States Bronze entrance doors to the Court

Collection of the Supreme Court of the United States The Great Hall, looking toward the Courtroom

Every Supreme Court justice has been a lawyer, and for the last 150 years they have all been graduates of accredited law schools. John Marshall, considered one of the greatest justices to ever serve on the Supreme Court, only attended law school for a few weeks. He studied law as a teenager by borrowing law books from a nearby lawyer (Aaseng, pg. 20).

For the last few decades, almost all Supreme Court nominees have been federal judges.

Nominees generally have participated in politics to some extent, though this can take many forms. Some are involved in unions or other politically active groups, while some served in Congress or were state governors. One chief justice was a former president -- Howard Taft became Chief Justice eight years after he left the Oval Office.

Some Important Dates in Supreme Court History 1790 - First session 1803 - Marbury v. Madison establishes judicial review -- the Supreme Court as the ultimate word on constitutionality. 1857 - Dred Scott v. Stanford finds that slaves have no legal rights under the Constitution. 1896 - Plessy v. Ferguson finds that "separate but equal" treatment of blacks and whites is constitutional. 1954 - Brown v. Board of Education finds that "separate but equal" is not constitutional. 1967 - Thurgood Marshall becomes first black justice appointed to the Court. 1973 - Roe v. Wade finds that state laws barring abortion are unconstitutional. 1974 - United States v. Nixon finds that presidential communications are not inherently protected. 1981 - Sandra Day O'Connor becomes first female justice appointed to the Court. 1989 - Texas v. Johnson finds that burning the American flag is not a criminal act.