Chapter 13: The Supreme Court

Jul 15, 2024

Chapter 13: The Supreme Court

Overview

  • Focuses exclusively on the Supreme Court and its role in the justice system.
  • Discusses the structure and orientation of the Supreme Court towards American politics.

Symbolic Representation: Lady Justice

  • Blindfold: Represents that justice should be objective, neutral, and fair.
  • Scales: Decisions based on evidence and facts, not on biases like race, wealth, or gender.

Supreme Court Structure

  • Justices serve for life to maintain objectivity and neutrality.
  • Cannot be removed by the President or Congress except through impeachment.
  • Promotes decisions based on evidence, fairness, and non-discrimination.

Constitution and Inferior Courts

  • Constitution mentions other courts as 'inferior' to emphasize the Supreme Court as the highest law of the land.
  • Supreme Court is the final arbiter with no higher authority.
  • Role: Interpret the law; significant power through judicial review.

Judicial Review

  • Definition: Power to invalidate laws and actions by other branches and levels of government.
  • Significance: Embeds the Supreme Court with extreme authority to declare actions legal or illegal.

Notable Cases

  • Brown v. Board of Education (1954): Ended racial segregation in public education; overturned Plessy v. Ferguson (1896).
  • Plessy v. Ferguson (1896): Established 'separate but equal,' legalizing racial segregation.
  • Impacted subsequent civil rights movements and legislation, including the Civil Rights Act of 1964.

State vs. Federal Court Systems

  • Both systems terminate at the U.S. Supreme Court as the highest court.
  • Federal District Courts are trial courts; appellate levels involve judges, not juries.

Current Supreme Court Composition

  • 9 justices; the most diverse in U.S. history in terms of race and gender but not educational or professional backgrounds.
  • Diversity: 2 African American justices, 3 of the 4 women ever are serving now.
  • Educational Background: Mostly Ivy League (Harvard, Yale, etc.).

Qualifications & Appointment

  • No specific qualifications for Supreme Court justices in the Constitution.
  • Justices appointed by the President and approved by the Senate as a check.
  • Checks ensure quality control over who serves on the bench.

Partisanship and Public Perception

  • Supreme Court viewed as partisan, lowering public approval.
  • Independence of the court impacted by perceived political leanings.
  • Example: Blocking of Merrick Garland, a moderate liberal nominee by President Obama, and subsequent nomination of conservative justices by President Trump.

Recent Controversies

  • Antonin Scalia’s Death (2016): Led to a partisan battle over his replacement.
  • Merrick Garland: Obama's nominee blocked by Senate Republicans for 11 months.
  • Neil Gorsuch: Replaced Scalia under President Trump, maintaining conservative balance.
  • Brett Kavanaugh: Replaced moderate Justice Kennedy, shifting the court to a solid conservative majority.

Ideological Shifts Over Time

  • Warren Court: Mostly liberal era (1954-1968).
  • Burger to Roberts Courts: Gradual increase in conservative justices.
  • Current: 6 conservatives vs. 3 liberals post-appointment of Amy Coney Barrett.
  • Chief Justice John Roberts might serve as a moderating influence.

Final Points

  • Independence of justices unique due to lifetime appointments.
  • Senate Republicans’ strategies have heavily influenced the current ideological makeup of the court.
  • Perspective on 'power': Utilized to shape the judicial landscape significantly.