Even so, empirically proving Dahl’s original theory still raises important questions concerning the intended apolitical nature of Supreme Court. For example, if the policy preferences of a president are reflected in the votes of their court appointments, it would indicate that the two branches of government are far from being “truly distinct” as Alexander Hamilton envisioned in Federalist #78. Furthermore, it may also indicate that a president’s consideration of qualifications may be secondary in the appointment process, potentially resulting in a court that is politically partisan at the expense of being legally competent.
