The supreme court and civil rights:
1. Evaluate the extent to which the Supreme Court is independent.
AGREE DISAGREE
Once appointed and confirmed, Articled III of the All supreme court justices are nominated by the
constitution states that a Supreme Court Justice President and then confirmed by a simple
is guaranteed the role for life and can’t be majority vote in the Senate. Sonia Sotomayor
dismissed if Congress disagrees. Their salaries was nominated by Barack Obama and has voted
are also unable to be used as a leverage. liberally- supported LGBT rights.
It has the power of judicial review. This means Lacks enforcement powers. They struggled to
that they can declare acts of congress or the enforce their rulings on the Brown v Board of
executive branch as unconstitutional. This Education of Topeka. This meant that the
ensures they all act in the limits of the Governor of Arkansas was able to use the local
constitution. militia to prevent black students from entering the
high school. Eisenhower then used federal
troops to allow black students in.
Non-partisan nature. They are appointed based Members of the court may only be removed via
on their legal expertise and qualifications. They the impeachment process. The house must
are expected to have legal experience of serving impeach a justice via a simple majority and the
as a judge, attorney, or law professor. senate must make them stand for trial. No
supreme court justice has ever been impeached.
In 1969, Fortas became the first justice to resign
under threat of impeachment.
2. Evaluate the view that the strengths of the appointment process to the Supreme Court
outweigh the weaknesses.
AGREE DISAGREE
Each nominee receives a detailed background The senate judiciary committee is politicised in
scrutiny by the White House, the FBI and the its approach and is quite aggressive and
senate judiciary committee and the media. Brett personal. Ketanji Brown Jackson was overly
Kavanaugh senate vote was delayed until an FBI scrutinised due to her race and gender. She was
allegation was completed on his sexual assault asked about the board of Georgetown day
allegations. The FBI found no evidence. school where books such as Antiracist Baby
were taught. She explained how this had nothing
to do with her.
There is involvement of specialist, professional Although the professional interest groups might
interest groups such as the American Bar be expected to offer non-partisan advice on the
Association which allows legislators to have suitability of candidates, they will offer
additional information to help them make their information that impacts the political angle. The
judgement. In 2020, the Federalist Society and American Constitution society is aligned with the
Heritage Foundation promoted Barrett as a Democrats and recently congratulated Brown
potential judge as well as lobbying the White Jackson on her swearing in as a Justice- had a
House and members of the Senate Judicial part to play.
Committee.
As there is a lot of scrutiny, the President must The process reinforces the impression of highly
be mindful of who they chose and the support politicised courts as there is a clear divide
they receive from their senators. An example of between the conservative and liberal wings. All
this is the withdrawal of Harriet Miers. Some recent appointees: Kavanaugh, Barrett were all
, senators expressed concerns about Miers’ conservative while Obama’s choices were
nomination and she didn’t have enough support liberals.
to be confirmed.
3. Evaluate the extent to which the main factor influencing the president’s choice of nominee for
the Supreme Court is their ideology.
AGREE DISAGREE
Presidents choose a justice whose political and They may be nominated due to social
judicial philosophy reflects their own. Republican characteristics. After Ruth Bader Ginsburgs
presidents, such as Trump, look for more death in 2020, Trump announced he would pick
conservative and strict originalists. This is shown a female judge in her place. This was Amy
by Amy Coney Barrett’s nomination. She is anti- Coney Barret who was chosen to ensure that the
abortion, pro-gun gender mix remains.
Presidents and legal advisors use a litmus test In order for the institution to have more
which refers to a specific issue or set of issues legitimacy, the Supreme Court should be based
that a politician or interest group uses to evaluate on the law and therefore, all justices should be
a potential nominee’s suitability for the bench. An chosen because of their knowledge rather than
example of this is abortion. Pro-choice groups their ideology. This is shown by Clarence
have sought nominees who want a woman to Thomas who went to Yale Law School, he was a
have a right to choose. judge on the US Court of Appeals for Colombia
Circuit.
Presidents usually choose a nominee who It cannot be their main factor as sometimes; they
reflects their views as it ensures they have their go against their own ideology and disappoint the
interests and someone to continue influencing president or supporters. Presidents are aware
one of the three branches of government after this can happen which is why ideology is not a
they are no longer a president. Elena Kagan acts key POV. 2016 Wittman v Personhuballah- she
as a voice for Obama when in 2018, she dissented the decision which invalidated a
dissented the Trump v Hawaii Virginia congressional district on the grounds
that it was racially gerrymandered.
4. Evaluate the view that the current US Supreme Court is ideologically conservative.
AGREE DISAGREE
Since Trump’s replacements of Kavanaugh, Amy they are unanimous in many decisions as they
Coney Barrett and Neil Gorsuch, the usually set a precedent. From 2000-2018, a
conservative justices now have a 6-3 majority unanimous decision was more likely than any
and outnumber the liberals. This was seen in other result- 36% of all decisions. This was
Kennedy v Bremerton- the court ruled a football shown in Shurtleff v Boston in which the court
coach had the constitutional right to pray at a 50 ruled that the city of Boston had violated the first
yard line. amendment when it refused to let a private group
raise a Christian flag in front of its city hall.
Several of the key rulings have been seen to be They have also shown to put laws before their
ideologically conservative. This is shown such as ideological views. In Kelly v Pennsylvania and
the Trump administration’s travel ban on several Texas v Pennsylvania, the Supreme court
Muslim-majority countries being allowed to go refused to hear cases. This went against
ahead. Trump’s claim that there was electoral fraud.
The judicial philosophy- several of the Personal factors.
conservative justices on the Supreme court
1. Evaluate the extent to which the Supreme Court is independent.
AGREE DISAGREE
Once appointed and confirmed, Articled III of the All supreme court justices are nominated by the
constitution states that a Supreme Court Justice President and then confirmed by a simple
is guaranteed the role for life and can’t be majority vote in the Senate. Sonia Sotomayor
dismissed if Congress disagrees. Their salaries was nominated by Barack Obama and has voted
are also unable to be used as a leverage. liberally- supported LGBT rights.
It has the power of judicial review. This means Lacks enforcement powers. They struggled to
that they can declare acts of congress or the enforce their rulings on the Brown v Board of
executive branch as unconstitutional. This Education of Topeka. This meant that the
ensures they all act in the limits of the Governor of Arkansas was able to use the local
constitution. militia to prevent black students from entering the
high school. Eisenhower then used federal
troops to allow black students in.
Non-partisan nature. They are appointed based Members of the court may only be removed via
on their legal expertise and qualifications. They the impeachment process. The house must
are expected to have legal experience of serving impeach a justice via a simple majority and the
as a judge, attorney, or law professor. senate must make them stand for trial. No
supreme court justice has ever been impeached.
In 1969, Fortas became the first justice to resign
under threat of impeachment.
2. Evaluate the view that the strengths of the appointment process to the Supreme Court
outweigh the weaknesses.
AGREE DISAGREE
Each nominee receives a detailed background The senate judiciary committee is politicised in
scrutiny by the White House, the FBI and the its approach and is quite aggressive and
senate judiciary committee and the media. Brett personal. Ketanji Brown Jackson was overly
Kavanaugh senate vote was delayed until an FBI scrutinised due to her race and gender. She was
allegation was completed on his sexual assault asked about the board of Georgetown day
allegations. The FBI found no evidence. school where books such as Antiracist Baby
were taught. She explained how this had nothing
to do with her.
There is involvement of specialist, professional Although the professional interest groups might
interest groups such as the American Bar be expected to offer non-partisan advice on the
Association which allows legislators to have suitability of candidates, they will offer
additional information to help them make their information that impacts the political angle. The
judgement. In 2020, the Federalist Society and American Constitution society is aligned with the
Heritage Foundation promoted Barrett as a Democrats and recently congratulated Brown
potential judge as well as lobbying the White Jackson on her swearing in as a Justice- had a
House and members of the Senate Judicial part to play.
Committee.
As there is a lot of scrutiny, the President must The process reinforces the impression of highly
be mindful of who they chose and the support politicised courts as there is a clear divide
they receive from their senators. An example of between the conservative and liberal wings. All
this is the withdrawal of Harriet Miers. Some recent appointees: Kavanaugh, Barrett were all
, senators expressed concerns about Miers’ conservative while Obama’s choices were
nomination and she didn’t have enough support liberals.
to be confirmed.
3. Evaluate the extent to which the main factor influencing the president’s choice of nominee for
the Supreme Court is their ideology.
AGREE DISAGREE
Presidents choose a justice whose political and They may be nominated due to social
judicial philosophy reflects their own. Republican characteristics. After Ruth Bader Ginsburgs
presidents, such as Trump, look for more death in 2020, Trump announced he would pick
conservative and strict originalists. This is shown a female judge in her place. This was Amy
by Amy Coney Barrett’s nomination. She is anti- Coney Barret who was chosen to ensure that the
abortion, pro-gun gender mix remains.
Presidents and legal advisors use a litmus test In order for the institution to have more
which refers to a specific issue or set of issues legitimacy, the Supreme Court should be based
that a politician or interest group uses to evaluate on the law and therefore, all justices should be
a potential nominee’s suitability for the bench. An chosen because of their knowledge rather than
example of this is abortion. Pro-choice groups their ideology. This is shown by Clarence
have sought nominees who want a woman to Thomas who went to Yale Law School, he was a
have a right to choose. judge on the US Court of Appeals for Colombia
Circuit.
Presidents usually choose a nominee who It cannot be their main factor as sometimes; they
reflects their views as it ensures they have their go against their own ideology and disappoint the
interests and someone to continue influencing president or supporters. Presidents are aware
one of the three branches of government after this can happen which is why ideology is not a
they are no longer a president. Elena Kagan acts key POV. 2016 Wittman v Personhuballah- she
as a voice for Obama when in 2018, she dissented the decision which invalidated a
dissented the Trump v Hawaii Virginia congressional district on the grounds
that it was racially gerrymandered.
4. Evaluate the view that the current US Supreme Court is ideologically conservative.
AGREE DISAGREE
Since Trump’s replacements of Kavanaugh, Amy they are unanimous in many decisions as they
Coney Barrett and Neil Gorsuch, the usually set a precedent. From 2000-2018, a
conservative justices now have a 6-3 majority unanimous decision was more likely than any
and outnumber the liberals. This was seen in other result- 36% of all decisions. This was
Kennedy v Bremerton- the court ruled a football shown in Shurtleff v Boston in which the court
coach had the constitutional right to pray at a 50 ruled that the city of Boston had violated the first
yard line. amendment when it refused to let a private group
raise a Christian flag in front of its city hall.
Several of the key rulings have been seen to be They have also shown to put laws before their
ideologically conservative. This is shown such as ideological views. In Kelly v Pennsylvania and
the Trump administration’s travel ban on several Texas v Pennsylvania, the Supreme court
Muslim-majority countries being allowed to go refused to hear cases. This went against
ahead. Trump’s claim that there was electoral fraud.
The judicial philosophy- several of the Personal factors.
conservative justices on the Supreme court
