Over the last couple weeks the Supreme Court has been at the center of political discourse. The death of Ruth Bader Ginsberg ushered President Trump and Senate republicans to rush an appointment to the Supreme Court. The former law professor and 7th circuit judge, Amy Coney Barret was picked to fill the seat. During the hearings many Democrats criticized her religious zealotry and her political opinions based on her published works. Republicans lamented this characterization of Coney Barrett and insisted that Democrats were using her religious and political beliefs to make the hearings political. They say this because they and many others believe that the Supreme Court is an apolitical body in government.
The notion that the Supreme Court is apolitical was not coined in the Constitution, but rather was adopted over the course of United States’s history. In my essay and TED talk I want to address how this became the mainstream view of the Supreme Court and why we should view it as political again. The judiciary system has always been influenced by partisan ideals.This trend continues today to a greater extent with the wide acceptance of partisan think tanks and organizations as well as dark money that is funneled to politicians who support them.
Amy Coney Barrett holding a blank notepad
The Supreme Court has immense power over American legislation. It is important to know how it functions and how its power has changed over the years. I want my essay to detail the history of the nine justice structure of the Supreme Court. I am choosing this topic because I have been interested in American political history for a long time and I do not know that much about the judiciary system besides landmark Supreme Court cases. The Senate Hearings were very interesting to watch and it inspired me to research the history of the Supreme Court. My essay will begin in the late 1800s when Congress added two seats to make the court a group of 9 justices. It will end in the present day and address how its influences have impacted American society.
These are some questions I hope to address in my essay and TED talk. My main question is, why is the Supreme Court viewed as an apolitical body? What events in history have shaped the way we see the Court? What role have non-governmental actors played in shaping our view of it? Should we reframe our perception of the Supreme Court?
One thought on “RCL6: Is the Supreme Court Political?”
Hi, Amita – this is a very fascinating and relevant topic to look into! I am definitely interested in how this idea of an apolitical Supreme Court came about. The executive branch appoints justices as a part of their term to accomplish their goals. Justices have varying interpretations of the U.S. Constitution, so it is ignorant when people claim that ACB was not at all chosen for her beliefs and past rulings. Her, like Trump’s other picks in the U.S. Supreme and National courts, demonstrate his motivations. We are living in interesting times for sure.