THE JUDICIARY

Question 1

Explain and analyse three aspects of the selection and appointment of Supreme Court justices.

Answer 1

1. Presidential Nomination
   • President selects justices.
   • Example: Trump nominated 3 justices, shaping the Court’s ideological balance.
   • Analysis: Reflects executive priorities but highly politicized.
2. Senate Confirmation
   • Senate scrutinizes and votes on nominees.
   • Example: Amy Coney Barrett confirmed in 2020 with a Republican majority.
   • Analysis: Ensures oversight but influenced by partisanship.
3. Lifetime Tenure
   • Justices serve for life unless they resign.
   • Example: Clarence Thomas appointed in 1991, still serving in 2025.
   • Analysis: Promotes independence but limits accountability.

Question 2

Explain and analyse three features of the current composition of the Supreme Court.

Answer 2

1. Conservative Majority
   • Six conservative justices dominate decisions.
   • Example: Dobbs v. Jackson overturned Roe v. Wade (2022).
   • Analysis: Reflects ideological shift but controversial.
2. Diversity
   • Growing diversity in gender and ethnicity.
   • Example: Ketanji Brown Jackson (2022) as the first Black woman justice.
   • Analysis: Enhances representation but still lacks ideological diversity.
3. Judicial Activism vs. Restraint
   • Debates over interpreting the Constitution.
   • Example: Dobbs v. Jackson (2022) shows activism in overturning precedent.
   • Analysis: Court plays a key role in shaping society.

Question 3

Explain and analyse three ways that the Supreme Court is politically significant.

Answer 3

1. Judicial Review
   • Can strike down laws and executive actions.
   • Example: Biden’s student loan forgiveness blocked (2023).
   • Analysis: Ensures checks but often controversial.
2. Landmark Decisions
   • Rulings shape public policy.
   • Example: Obergefell v. Hodges (2015) legalized same-sex marriage.
   • Analysis: Expands rights but depends on Court composition.
3. Partisanship in Appointments
   • Justices reflect presidential ideologies.
   • Example: Conservative shift due to Trump’s appointments.
   • Analysis: Politicizes the Court, undermining neutrality.

Question 4

Explain and analyse three ways that the Supreme Court acts as a protector of citizens’ rights.

Answer 4

1. Judicial Review
   • Power to strike down laws violating constitutional rights.
   • Example: Obergefell v. Hodges (2015) legalized same-sex marriage.
   • Analysis: Protects minorities, but rulings depend on Court composition.
2. Bill of Rights Interpretation
   • Ensures government actions respect constitutional freedoms.
   • Example: Citizens United v. FEC (2010) upheld free speech for corporations.
   • Analysis: Safeguards liberties but can favor powerful groups.
3. Setting Precedents
   • Landmark rulings guide future protections.
   • Example: Brown v. Board of Education (1954) ended school segregation.
   • Analysis: Promotes equality but overturning precedents (e.g., Roe v. Wade) creates instability.

Question 5

Explain and analyse three landmark rulings.

Answer 5

1. Brown v. Board of Education (1954)
   • Declared school segregation unconstitutional.
   • Impact: Advanced civil rights and set precedent for equality.
   • Analysis: Demonstrates judiciary’s role in societal change but relied on enforcement by other branches.
2. Roe v. Wade (1973)
   • Established a constitutional right to abortion.
   • Impact: Protected reproductive rights for decades.
   • Analysis: Politically significant but overturned by Dobbs v. Jackson (2022).
3. Dobbs v. Jackson Women’s Health Organization (2022)
   • Overturned Roe, returning abortion laws to state control.
   • Impact: Triggered new state laws and renewed activism.
   • Analysis: Reflects ideological shifts but sparked backlash over Court legitimacy.