Political Nature of the Supreme Court

Question 1

Political decisions

Answer 1

The Supreme Court rules on important political issues which are campaigned on by the Republicans and Democrats. Campaign funding was ruled on in the 2014 McCutcheon v FEC case and the 2010 Citizens United v FEC case. Affirmative action was ruled on in the 2016 Fisher v University of Texas case. The 2000 presidential election result was decided by the Supreme Court in the 2000 Bush v Gore.

Question 2

Political appointments

Answer 2

The appointment process to the Supreme Court is often voted by Senate politicians on party lines. The Senate confirmed Neil Gorsuch’s Supreme Court appointment by 54-45 with most Democrats voting against and all Republicans voting in favour.

Question 3

Legislative power

Answer 3

The Supreme Court’s rulings can make and change the law through judicially activist decisions. The 2015 Obergefell v Hodges case legalised same-sex marriage across America.

Question 4

Not politicised: independent

Answer 4

The Supreme Court is not a political institution because it is independent of the executive and legislature, and makes rulings without any political pressure. Supreme Court judges are not accountable through an election and appointed for life. Judges do not interfere in elections and party politics.

Question 5

Not politicised: legal rulings

Answer 5

The Supreme Court makes decisions based on the law and the Constitution. The Supreme Court does not base its decisions on political beliefs. Previous case rulings influence some Supreme Court decisions. Stare decisis is the belief in upholding precedents from previous cases when making rulings.