Evaluate the extent to which the US Supreme Court is a political, not judicial, institution. Flashcards
Introduction - Themes
- Separation of Powers
- Appointment Process
- Ideological Drive
Introduction - Argument
It is without question that the US Supreme Court is a political institution, and it has become even more politicised in recent years
Judicial - Separation of Powers - Point
The US Constitution sets up the precedent that there will be three completely separate branches of government, the Executive, Congress and the Supreme Court. As they are separate this means they should be above parliamentary politics
Judicial - Separation of Powers - Examples
- The Constitution states in Article III that ‘all judicial power shall be vested in one supreme court’
- Also within Article III, it is said that the judges’ wage and job cannot be taken away by the other branches based on the decisions they make
Political - Separation of Powers - Point
The Constitution states that powers are meant to be separated, however, there have been problems recently where they are being legislators as well
Political - Separation of Powers - Examples
- Biden announced the nomination of Ketanji-Brown Jackson in February 2022, and it was clear that it was his choice as he said he wanted to get a black women on the Court
- The case of Citizens United v The FEC in 2010 is just one example of the Supreme Court legislating as it overturned the Bipartisan Campaign Act
Judicial - Appointment Process - Point
The appointment process is not deliberately political, rather it is strenuous to make sure that the best candidate is appointed as it is the top legal position in the US
Judicial - Appointment Process - Example
- Ketanji Brown-Jackson was interviewed by the Senate Judiciary Committee to evaluate her qualifications - she was extensively asked about her rulings on a child pornography case to make sure she was fit for the job
- The three most recent appointments have all previously been District Circuit Judges which are also top positions
Political - Appointment Process - Point
It was Republican Senator Blackburn which quesitoned so in depth about Jackson’s child pornography case, it was not to properly vet her. So, the appointment process is massively political and partisan
Political - Appointment Process - Examples
- Jackson’s vote in the Senate was 48-47 with all of the 47 being Republican. Similarly, Coney Barret’s vote in the Senate was 52-48 with no Democrats supporting her nomination
- Obama nominated Merrick Garland to replace Justice Scalia, however, the Republican Senate refused to hear it and instead waited until Trump was President and appointed Neil Gorsuch
Judicial - Ideological Drive - Point
It is said that the Supreme Court judges each case based on the Constitution and more often than not will practice judicial restraint - meaning they agree with the lower courts
Judicial - Ideological Drive - Examples
- For the majority of cases, it is a unanimous vote in the Court which means that all of the justices regardless of their background support one side - highlighting how it is often not a political decision
- In the Merrill v Milligan Case, Justice Keegan said it was a ‘slam dunk’ implying that the court will agree with the decision made by the three-judge panel
Political - Ideological Drive - Point
The second most common way of voting, however, is 5-4 which means that the case was close. In these cases, it is often judicial activism which means the justices have used their rulings to change society - these are incredibly political
Political - Ideological Drive - Examples
- The recent Dobbs v Jackson Case meant that the conservative court voted to overturn Roe v Wade, a decision which was entirely political
- Congress passed the Respect for Marriage Act, as after the Dobbs v Jackson case it was feared that Obergefell v Hodger would be next as the conservative court also dislikes gay marriage
