The Polarized Court : Supreme Court Essay
Prior jurisprudence says a lot about the Supreme Court today. The Warren Court—one of the most memorable Court’s in our nations history—hit many hot button issues of its time. An interesting juxtaposition is looking at the Roberts Court, who has had equally hot button issues of more recent times, and its approach.
When I reflect on the Warren Court I am mesmerized by its legacy and impact on a more equal society, specifically, Brown v. Board of Education. The unanimous decision, that took two years to decide, is one that should act as a model for all Courts thereafter as to the resolute need for a depolarized Court. A two-year deliberation followed by a unanimous decision would not have been the case if the Roberts Court had decided Brown.
United States v. Windsor, one of the most memorable civil rights cases’ of the current Court, was a 5-4 decision. The majority being Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan with the minority being Scalia, Thomas, Roberts, and Alito—a highly predictable outcome it was.
The Warren Court, comprised of Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Robert H. Jackson, Harold H. Burton, Tom C. Clark, Sherman Minton, was able to forego their ideologies and recognize the groundbreaking consequences of the Brown decision.
The Roberts Court’s approach to gun control, criminal sentencing, and campaign finance, to name a few, hold the disturbingly similar pattern to the Windsor decision.…