Evaluate the view that presidential appointments to the Supreme Court ensure it is a political body rather than a judicial one. (2020) Flashcards
What are the 3 agreeing factors?
Swing justices.
Media coverage/perception of Supreme Court judges.
President can change ideological make up of court.
What are the 3 disagreeing factors?
Judges’ appointments are for life.
Justices are independent from congressional/presidential influence.
Justices often reluctant to make overly political decisions.
Why does the Supreme Court lead to ‘swing justices’? What does this mean in terms of influence?
Supreme Court usually contains a close mix of liberal and conservative judges so leads to swing justices.
Swing justices may have a disproportionate influence over key issues.
How can the president have an influence with the opportunity to appoint a justice?
President will nominate 1 aligned with their ideologies.
Why is the vagueness of the constitution bad in terms of judges?
Allows judges to implement own values without a lot of questioning.
Provide an example of a president appointing a justice aligned with his ideas. What influence did this have over a key ruling?
George W. Bush appointed John Roberts as chief justice- he has more conservative views like Bush.
2022 Dobbs v Jackson Women’s Health Organization: Roberts said ‘constitution makes no reference to abortion’.
Overturned the constitutional protection for early abortions confirmed in 1973 Roe v Wade.
How do swing justices show the Supreme Court is more of a political body?
Appointments are more ideology focused than judicial suitability.
How does the Supreme Court appointments being for life affect ideas?
Justices can remain neural without removal fear.
Prevents other branches threatening to remove them if they don’t support their beliefs.
Justices can vote according to the constitution.
Provide an example of a recent court ruling where justices voted according to the constitution.
2022 New York State Rifle & Pistol Association v. Bruen.
Court ruled states with strict public gun carrying laws violated the 2nd amendment.
Provide an example where a justice moved away from the ideologies of the president they were appointed by.
Elizabeth Warren, nominated by Eisenhower.
She became more liberal as he believed.
“biggest damn foot mistake (he) ever made”.
How does the Supreme Court’s appointments being for life show it is more a judicial body?
Justices can make decisions based on law, not political influence.
How has media affected what cases the US Supreme Court hears? Examples?
The court has chosen to hear cases on the increasing social and/or controversial issues.
E.g., abortion, gun control.
Which liberal features heavily in Supreme Court profiles? What did they do?
Ruth Bader Ginsburg.
She fought against gender discrimination and unified the liberal block.
What did Elizabeth Warren challenge against Facebook?
Challenged Facebook’s decision of allowing Trump to run a $1 million campaign with lies about Biden.
She held the app could be responsible for hate speech.
Provide an example of a recent controversial ruling fueled by social media.
2022 Dobbs v Jackson Women’s Health Organization.
