Politicisation of Judges Flashcards
Explain how Prudential appointments all reflect their own broad ideology?
The two most constituently liberal judges on the court are the two Clinton nominees whilst the two most conservative justices have been appointed by Nixon nd Reagan
Who is the Reagan appointment still there?
Kennedy
As it is a chance to influence the court and US politics for over a generation, what would a president generally do?
give in to temptation and try to leave a political legacy
What are the three places where judges have become politicised?
1) Presidential nomination
2) Senate hearing
3) Judicial Activism
Give two examples of politicised senate hearings?
Bob Bork and Clarence Thomas
When did Bork get rejected?
1987
Why was Bork’s rejection political?
Because he was very well qualified and a good legal scholar
Who came to help the Democrats against Bork?
National Abortion Rights Action League and NOW
How big was the TV smear campaign against Bork?
$15 million
What kind of vote did Clarence Thomas have?
party vote
What three reasons meant that Thomas was so controversial?
Lack of qualifications but also his ideology and alleged sexual harassment
what are the two ways in which judicial review can be viewed?
Just judicial review, or interpreting laws in the face of legality and democracy
What do detractors of Judicial Activism say?
It usurps the power of elected branches, damaging the rule of law and democracy
What to defenders of judicial activism say?
It is legitimate and that interpretations change with time
Other than defenders and detractors of judicial activism, what third view exists?
That it is impossible to have an objective view of laws
