Evaluate The View That The Supreme Court Is A Political Rather Than A Judicial Institution.(30)

Question 1

Paragraph One ➡️ The Appointment Process
- For: The Supreme Court Is A Political Institution

Answer 1

• It can be argued that the US Supreme Court has become politicised, influenced by partisan political considerations rather than purely juidicial qualifications.
• Conservative Presidents nominate justices with a record of conservative rulings, whereas liberal Presidents almost always nominate a candidate with progressive judicial philosophy.
  –((Example)): Amy Coney Barrett = caused conservative majority in court, chosen by Trump due to influence on key decisions such as healthcare and abortion rights

-Senates Decisions in confirming justices are influenced by partisan political considerations rather than ensuring the nominated justice has sufficient experience and expertise
–(Example): Garland nominated by Obama was not granted a Senate hearing, with Republican controlled senate arguing that a supreme court vacancy should not be filled in an election year
– However, this wasn’t followed in 2020, when Trump backed by the same republican controlled senate, nominated Amy Coney Barrett to SC just days before Presidential election.

Question 2

Para 1 - The Appointment Process
- Against: The Supreme Court Is A Judicial Institution

Answer 2

• Judicial> Political
• Detailed candidates judicial philosophies and past rulings, play a crucial role in maintaining a focus on legal expertise
• All SC justices have significant legal experiences
• Nominees face the Senate Judiciary Committee, where they undergo extensive questioning on various legal and constitutional matters
  –(Example): Amy Coney Barrett’s hearings concentrated on her judicial philosophy and past rulings, particularly healthcare and abortion, reflecting an attempt to assess her legal approach and expertise

Question 3

Para 2 - Judicial Activism
- For: The Supreme Court is a Political Institution

Answer 3

• Constitution has been broadly interpreted, expanding rights beyond their explicit wording, often reflecting the ideological leanings of the justices rather than non partisan interpretation of law and constitution
  –(Example): For over 40 years the Supreme Court had agreed the 14th amendments due process clause guaranteed a right to an abortion under the right to privacy, but the conservative court overturned this.
• Personal Beliefs>Neutral application of law

Question 4

Para 2 - Judicial Activism
- Against: The Supreme Court Is A Judicial Institution

Answer 4

• Court has maintained its judicial integrity and refrained from political activism, judicial> political
  –(Example): The Dobbs decision, which overturned Roe vs Wade, was based on the argument that the Constitution doesnt explicitly mention abortion and that abortion isn’t actually protected under a right to privacy in the 14th amendment, using original textual understanding
• Judicial Activism is necessary for evolution of law and society, allows for adaptation of legal principles to changing societal norms
  –(Example): Riley v. California 2014, established digital privacy under the 4th amendment, judicial activism vital in upholding the application of Constitution to modern context, protecting rights in the face of evolving technologies
• Judicial activism isn’t always for political institution, instead it’s necessary to update the constitutions application in the modern day

Question 5

Para 3 - Role in the Political System
- For: The Supreme Court Is A Political Institution

Answer 5

• SC Political institution has gone beyond interpreting and upholding the law, instead, it’s decisions have political implications and used to halt Executive agenda in a way that reflects the interests of the political balance of the court
  –(Example): Supreme Court struck down Biden’s student loan forgiveness plan, which aimed to cancel significant amount of student debt for millions
  – This decision rendered by conservative majority, shows the Court’s influence on national policy direction is significant

Question 6

Para 3 - Role in the Political System - Against

Answer 6

• The court’s role is to interpret the constitution and ensure laws and executive actions are in compliance with it.
  –(Example): The decision to strike down Biden’s student loan forgiveness plan was based on legal grounds, with the Supreme court juding the HEROES Act allows the Secretary of Education to waive or modify provisions for loan forgiveness, but it doesn’t have authority to completely overhaul student loan system, interpreting the law as per the constitution.