Supreme Court Bias In The United States

Improved Essays
he Supreme Court of the United States is the highest court within the hierarchy of the country’s federal courts. The Court was established in accordance to Article III of the United States Constitution.
The Supreme Court consists of nine total members, all of whom are nominated by the President at the time, and approved by the Senate. All nine members of the Supreme Court serve their term for life, only leaving when they retire, resign, or are impeached. In theory, the Supreme Court is meant to be the unbiased force in the United States. However, it has become increasingly apparent that the Supreme Court Justices have a noticeable bias towards their political parties.

Unlike Congress, where the political bias from the representatives is expected, the Supreme Court is not meant to have a political leaning. The Constitution states the purpose of the Supreme Court is meant to interpret the Constitution in the most apolitical way possible. However, this is a very recent issue that has developed. A study done by the New York Times shows that in the 71 cases deemed important between 1790 and 1937, Justices voted bias to their party lines in only one case. This statistic shows the Supreme Court’s bias is something that was not a problem in the past, thus meaning that having
…show more content…
As a matter of fact, Presidents tend to exclusively fill Supreme Court vacancies with Judges that they know will lean towards their respective political beliefs. For example, 1939 President Franklin Roosevelt forced the Court into a more political leaning by appointing four strong liberal judges. This was actually the start of the trend of Presidents forcing the Supreme Court to lean in their favor politically. While it is not uncommon for Supreme Court Justices to shift their political views during their term, it more common for them to stay positioned to their political

Related Documents

  • Improved Essays

    Partisan elections have tremendous benefits and negatives. By allowing the public to elect their judges, they are given the power to select judges that are most similar to them and can properly represent them. It gives the public the power to have a representative that share their common values and remove judges that do not. So by allowing the people the authority to ultimately determine the job security of a judge, it also forces judges to be friendlier to the public while also being more productive and proactive when it comes to cases. However, along with benefits of electing comes the negative side of electing.…

    • 817 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The political landscape as we know it today has always allowed The President of the United States to select his own Supreme Court judge. However, should the Supreme Court Judge’s beliefs represent the traits or value systems of the President of United States? For example, President George Bush appointed both Clarence Thomas and David Souter, two contrasting personalities say the least. Nonetheless, Clarence Thomas was known for his boldness, committed to seeking out the original meaning of the Constitution, perhaps, similarities to President Bush prosecuted the Gulf War and how he stood behind Thomas controversial confirmation hearings (McGinnis, Flaherty, 1995).…

    • 341 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Judges elected by Republican Presidents in the 70’s and 80’s are still in the Supreme Court. 1970’s-1980’s Republican beliefs still play a part in modern politics. Political agendas play a role when presidents have to appoint a justice because they want a candidate that ten years down the line will make judicial decisions that support their views. That may be slightly off topic, but it demonstrates the power the president has in his hands when electing a justice. However, the power is also in the hands of Congress.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Scorpions: An Analysis

    • 1161 Words
    • 5 Pages

    Over the course of his career, President Franklin Delano Roosevelt appointed a total of seven justices to the United States Supreme Court. Professor of Law at Harvard, and author, Noah Feldman, focuses on the background and evolution of four of FDR’s most influential justice appointees—Felix Frankfurter, Hugo Black, William O. Douglas, and Robert Jackson— throughout his book Scorpions. In the Supreme Court of FDR, and in our modern-day court, one often wonders how justices’ rulings are influenced. Throughout Scorpions, one may see FDR’s justices’ voting behavior demonstrates that a justice’s background, and their friendships, or vendettas against other members on the court, may impact voting behavior. In addition, there may be different degrees…

    • 1161 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Judicial Review I believe having a Supreme Court is valuable for any democracy to maintain fairness between governmental power and the rights of citizens. However, with a court that wields such authority, the justices serving these courts must be appointed in a manner that represents a balance in political ideology. Moreover, if multiple appointments are made to the Supreme Court by a president and congress of one political persuasion, the court’s rulings can overwhelmingly favor a particular political party’s ideology. Balanced judicial appointments create balanced rulings in most cases. This neutrality can be disrupted by political influence as evidenced in recent rulings.…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In an elegant act of “judicial jujitsu,” the Supreme Court issued its decision in Marbury v. Madison on February 24, 1803, establishing the high court’s power of judicial review. The dramatic tale begins with the presidential election of 1800, in which President John Adams, a Federalist, lost reelection to Thomas Jefferson, a Democratic-Republican. Congress also changed hands, with the Democratic-Republicans achieving majorities in both chambers. Adams could see the writing on the wall: his party had been relegated to the judicial branch.…

    • 429 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Jeffrey Toobin Essay

    • 666 Words
    • 3 Pages

    Throughout the nonfiction book by Jeffrey Toobin, he talks about the justice system and the Supreme Court in the United States and how it functions and also how it has changed over the years in history. The book shows a great look at how individuals such as George W. Bush in how they hold their power and how the justice system affects that. Also giving a great understanding with Justice Sandra Day O'Connor's alienation. It also touches on the topic of a “fight” of conservatives that were taking control or trying to take control of the supreme court. Despite that there were many more republican appointees on the court it fails in the 80s and 90s.…

    • 666 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Texas Three Branches

    • 1105 Words
    • 4 Pages

    Even though the President is the one who appoints the members of the Supreme Court, the members of the Supreme Court that the President has chosen must be approved by the Congress. This is how the Check and Balance works with one another and keep every branches at the same level as one another. No branch has more power than one another because they each have some sort of power to keep the others in…

    • 1105 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court has made a lot of important decisions that impact the lives of United States citizens every day. If I would have to summarize what I have learned from the United States Government class in very few words, it would have to be that the justice system was built to be fair and just for everyone and that the government structure was framed to be as effective as it can be. Even though history has shown more than once that the system can be exploited and government corrupt, like any system and governing body can, it still comes to show that it is effective and was put in place with the people in mind. There was a point in time where the two collided and one of the more important rulings of the Supreme Court has been made. I am talking…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    That a case arising under the constitution should be decided without examining the instrument under which it arises?” ( John Dickhaus; 2013) This decision means the rights were given to the Supreme Court to decide this case even though it was stated in the constitution. The courts give many reasons for us to be ashamed of them, but does this warrant the need to limit the tenure of federal judges and turn the court into a partisan war zone? Justices are not concerned with popularity, they make hard, life altering decisions every day without the fear of making many people mad. Justice should be able to sit the bench without fear of worrying about their positions in the court and focus their time and energy on the hard judicial case decisions that come their…

    • 1421 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Pewresearch.com took a survey on Republicans, Democrats, and Independents on whether the U.S. Supreme Court should base rulings as they are meant today or as they were originally written. Most Republicans said that the U.S. Supreme Court should base rulings as they were originally written (69% to 29%). On the other hand, Democrats (70% to 26%) and Independents (48% to 47%) said that the court rulings today should be based on what the U.S. Constitution means in current times. In total 49% of the people that were surveyed, said that the Supreme Court should base rulings on today’s meaning of it. 46% of people surveyed said that they should rule court cases by how the U.S. Constitution was originally written.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    To maintain the strength of the Judicial Branch having a strong system to provide checks and balances of the other branches of government, there should be a certain level of independence for the Judicial Branch. The Judicial Branch often has the last say in matters regarding judicial review, and because of this, they should be able to operate independently from the other two branches and serve as the final say in these matters. According to Padovano, Sgarra, & Fiorino, (2003), the judiciary is generally better positioned to check such unlawful behavior then voters, since he has access to much better information than they do. Voters that often want a bigger say in these rulings are not always the best options for keeping a strong checks and balances for the highest level of decision making that occurs in the judicial review process. A certain level of independence to the Judicial Branch can allow the certainty of a strong separation of powers and checks and balance system that cannot be controlled by the very parts of government it is trying…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Throughout our history, there has been a concurring question, in which the burden has weighed heavy the shoulders of many citizens. Should Supreme Court judges be elected or appointed? In the process of this debate, a main concern of the overall argument shadows the question that if today’s method of selection is constitutional and publicly acceptable. In order to keep the public content and still have a reliable court system, there are many factors that are taken into place, which is also one of the reasons why the answer to this question has yet to be justified. In addition, there is an equal amount of supporters on either side who each claim their position is the most ethical and reasonable choice.…

    • 2056 Words
    • 9 Pages
    Superior Essays