Comparing the independence of the supreme courts (US) 4.6

Question 1

Judicial Independence in Liberal Democracies

Answer 1

Judicial independence is a cornerstone of both the US and UK judicial systems.

Question 2

Protection of Judicial Independence

Answer 2

• Judges have immunity from prosecution for acts carried out in their judicial function.
• Judges have immunity from defamation lawsuits for what they say in court.
• Judges’ salaries cannot be reduced.

Question 3

Judicial Independence in the USA

Answer 3

• Debated by the Founding Fathers and discussed in The Federalist Papers.
• Federal judges have life tenure and their salaries cannot be reduced.

Question 4

Political Independence of Justices

Answer 4

Justices are often appointed for their political sympathies (liberal or conservative) and their approach to the Constitution (loose constructionist or originalist).

Question 5

Bush v Gore (2000)

Answer 5

• The decision effectively handed the presidential election to George W. Bush, raising questions about judicial independence.
• Justice John Paul Stevens said the decision hurt the nation’s confidence in the judiciary.

Question 6

Examples of Judicial Independence

Answer 6

• United States v Nixon (1974): The Court decided unanimously against President Nixon.
• Clinton v Jones (1997): The Court unanimously rejected President Clinton’s claim of immunity from prosecution.

Question 7

Chief Justice Roberts’ Votes

Answer 7

• Despite being a Republican appointee, Roberts has sided with liberal justices on significant cases like abortion access, LGBTQ+ job protection, and upholding Obamacare.
• Vice President Pence called Roberts a “great disappointment” to conservatives.

Question 8

Supreme Court’s Refusal on Voter Fraud Claims (2020)

Answer 8

The Court unanimously refused to hear unfounded claims of voter fraud after the 2020 election, demonstrating political independence.