Political Nature of the Supreme Court
Political Studies: Edexcel A Level, topic 15.5.1
Political Versus Judicial Nature of the Supreme Court
The Supreme Court makes important political rulings, can overrule Acts of Congress and has a political appointment process. However, the Supreme Court still has an important judicial function.
Political decisions
- The Supreme Court rules on important political issues which are campaigned on by the Republicans and Democrats.
- Campaign funding was ruled on in the 2014 McCutcheon v FEC case and the 2010 Citizens United v FEC case.
- Affirmative action was ruled on in the 2016 Fisher v University of Texas case and later restricted in the 2023 Students for Fair Admissions v Harvard and UNC cases.
- The 2000 presidential election result was decided by the Supreme Court in the 2000 Bush v Gore case.
Political appointments
- The appointment process to the Supreme Court is often voted by Senate politicians on party lines.
- The Senate confirmed Neil Gorsuch’s Supreme Court appointment by 54-45 with most Democrats voting against and all Republicans voting in favour.
Legislative power
- The Supreme Court’s rulings can make and change the law through judicially activist decisions.
- The 2015 Obergefell v Hodges case legalised same-sex marriage across America.
Not politicised: independent
- The Supreme Court is not a political institution because it is independent of the executive and legislature, and makes rulings without any political pressure.
- Supreme Court judges are not accountable through an election and appointed for life.
- Judges do not interfere in elections and party politics.
Not politicised: legal rulings
- The Supreme Court makes decisions based on the law and the Constitution.
- The Supreme Court does not base its decisions on political beliefs.
- Previous case rulings influence some Supreme Court decisions. Stare decisis is the belief in upholding precedents from previous cases when making rulings.