Is the Supreme Court becoming a legislative body for political actors?
In short: While the judiciary is traditionally viewed as a dispassionate interpreter of law, a growing perception suggests justices are instead using the bench to achieve specific ideological goals. As the Court decides matters of immense social importance, the line between legal ruling and political maneuvering is increasingly blurred.
The perception of the Supreme Court as a partisan institution stems from its role in deciding high-stakes issues where Congress has failed to legislate. Major decisions regarding abortion access, gun rights, affirmative action, and gay marriage have created new political realities, leading many to view the Court as an entity that effectively legislates. This shift is accompanied by a confirmation process that has become decidedly partisan, with both major parties pointing to different historical turning points to explain the current friction.
Republicans often cite the 1987 defeat of Robert Bork as a pivot toward partisanship, while Democrats point to the 2016 refusal to consider Merrick Garland, which allowed for the appointment of Neil Gorsuch in 2017. This tension is not entirely new; the 1954 Brown v. Board of Education ruling sparked intense opposition from states' rights advocates. Even in 1937, President Franklin Roosevelt attempted to 'pack the court' to protect New Deal legislation, a concept that progressives have revisited in the 21st century.
Recent terms have seen a conservative majority move the law dramatically to the right. Key rulings include overturning Roe v. Wade, rejecting affirmative action in college admissions, and overturning the 1984 Chevron precedent, which weakened the power of federal agencies. These shifts have significant implications for the administrative state and social programs like Medicaid, which serves over 80 million Americans. As the Court's decisions intersect with intense public debate, the institution faces the challenge of maintaining public trust amidst rising polarization.
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Sources
- Summary by Intellect · source: Increased politicization of the Supreme Court | AP US Government and Politics | Khan Academy
- Also: How Did The Courts Become So Politicized? | Insights
- Also: A politicized Supreme Court meets a new moment for America | Department of Government
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