1. How important is it that Justice Sotomayor became the first Latina on the Supreme Court? How important should it be? Does diversity on the Court help it better deliver justice for a diverse America? Why or why not?

2. How convincing did you find the objections levied against Justice Sotomayor from the Republicans in the Senate? Were her previous statements truly problematic or was the opposition simply partisan in nature?

3. What does “advice and consent” mean to you? What criteria should the Senate use when judging the President’s nominees for the federal judiciary?

4. What does it say about the founders’ attitudes toward the Court that Article III is the shortest section and it was given only limited attention at the Constitutional Convention?

5. What is judicial review and why is it important? Why is it hard to consider the modern court in the absence of judicial review?

6. The author states that by giving the Court the power of judicial interpretation in Marbury that the institution became equal with Congress and the President. Do you find that argument convincing, why or why not?

7. After Justice Marshall gave the Court power of judicial review, why did he choose not to use it again? What does it say about the power of judicial review that its originator used it so sparingly?

8. Why are modern Supreme Court nominations so contentious? What is at stake? Does the nomination process make SC justices more independent or less independent?

9. Should the Supreme Court be able to overturn popular opinion? Is that undemocratic? How often and why should the Supreme Court listen to the will of the people?

10. What are some of the advantages and disadvantages of judicial activism? Why might a judge favor this approach?

11. What are some of the advantages and disadvantages of judicial restraint? Why might a judge favor this approach?