Doesn't the system of the Supreme Court oppose justice?Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?What would happen if the same person were elected both President and Vice President?Why doesn't a conservative majority SCOTUS repeal Roe v. Wade?Supreme Court Justice Appointment Time FrameSupreme Court Justice Importance of Party AffiliationWhy is the Supreme Court not balanced in terms of their political views?Does substantive due process apply to the Second Amendment?Can the Chief Justice be demoted to Associate Justice of the Supreme Court?What requirements are there for becoming a supreme court justice?When would a new US Supreme Court justice start work?Arrest a Chief Justice of the U.S. Supreme Court?
A Trivial Diagnosis
"before" and "want" for the same systemd service?
Why the "ls" command is showing the permissions of files in a FAT32 partition?
Why is it that I can sometimes guess the next note?
Has any country ever had 2 former presidents in jail simultaneously?
C++ copy constructor called at return
Is there a nicer/politer/more positive alternative for "negates"?
Confused about Cramer-Rao lower bound and CLT
Review your own paper in Mathematics
"It doesn't matter" or "it won't matter"?
Make a Bowl of Alphabet Soup
What features enable the Su-25 Frogfoot to operate with such a wide variety of fuels?
Microchip documentation does not label CAN buss pins on micro controller pinout diagram
Why does Carol not get rid of the Kree symbol on her suit when she changes its colours?
Do we have to expect a queue for the shuttle from Watford Junction to Harry Potter Studio?
Can I say "fingers" when referring to toes?
A variation to the phrase "hanging over my shoulders"
Doesn't the system of the Supreme Court oppose justice?
How to draw a matrix with arrows in limited space
Taxes on Dividends in a Roth IRA
In a multiple cat home, how many litter boxes should you have?
How do I fix the group tension caused by my character stealing and possibly killing without provocation?
How much of a Devil Fruit must be consumed to gain the power?
How to make money from a browser who sees 5 seconds into the future of any web page?
Doesn't the system of the Supreme Court oppose justice?
Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?What would happen if the same person were elected both President and Vice President?Why doesn't a conservative majority SCOTUS repeal Roe v. Wade?Supreme Court Justice Appointment Time FrameSupreme Court Justice Importance of Party AffiliationWhy is the Supreme Court not balanced in terms of their political views?Does substantive due process apply to the Second Amendment?Can the Chief Justice be demoted to Associate Justice of the Supreme Court?What requirements are there for becoming a supreme court justice?When would a new US Supreme Court justice start work?Arrest a Chief Justice of the U.S. Supreme Court?
I'm new to US politics and the Judicial Branch in the US.
First to clarify:
I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm also aware of the fact that no person can be completly objective and politically neutral.
But:
Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced? In my understanding it is the job of the Supreme Court to judge on certain cases on the base of the US constitution. But if some radical person gets chosen to join the Supreme Court, couldn't this person vote based on their personal beliefs instead of the US constitution?
united-states constitution supreme-court
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
|
show 5 more comments
I'm new to US politics and the Judicial Branch in the US.
First to clarify:
I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm also aware of the fact that no person can be completly objective and politically neutral.
But:
Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced? In my understanding it is the job of the Supreme Court to judge on certain cases on the base of the US constitution. But if some radical person gets chosen to join the Supreme Court, couldn't this person vote based on their personal beliefs instead of the US constitution?
united-states constitution supreme-court
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
13
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
2
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
1
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
1
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago
|
show 5 more comments
I'm new to US politics and the Judicial Branch in the US.
First to clarify:
I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm also aware of the fact that no person can be completly objective and politically neutral.
But:
Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced? In my understanding it is the job of the Supreme Court to judge on certain cases on the base of the US constitution. But if some radical person gets chosen to join the Supreme Court, couldn't this person vote based on their personal beliefs instead of the US constitution?
united-states constitution supreme-court
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I'm new to US politics and the Judicial Branch in the US.
First to clarify:
I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm also aware of the fact that no person can be completly objective and politically neutral.
But:
Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced? In my understanding it is the job of the Supreme Court to judge on certain cases on the base of the US constitution. But if some radical person gets chosen to join the Supreme Court, couldn't this person vote based on their personal beliefs instead of the US constitution?
united-states constitution supreme-court
united-states constitution supreme-court
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 13 hours ago
SethFrkinRollins
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 14 hours ago
SethFrkinRollinsSethFrkinRollins
545
545
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
SethFrkinRollins is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
13
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
2
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
1
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
1
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago
|
show 5 more comments
13
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
2
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
1
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
1
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago
13
13
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
2
2
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
1
1
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
1
1
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago
|
show 5 more comments
2 Answers
2
active
oldest
votes
SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the remaining cases a more stable majority is often more normal than the narrow majority (combined 29% of cases are 7-2 or 8-1). However, the reason this doesn't seem the case is that the cases that are 5-4 decisions are by their nature, very divisive topics in the United States and thus tend to get talked about more than the more boring and more firmly decided cases (Though this isn't always the case... the infamous Gay Wedding Cake case was expected to be a 5-4 decision but the court decided in a 7-2 decision.).
Now, behind the scenes, the Supreme Court get along famously and the Justices tend to be very familial with each other. Among the traditions is that they share a dinner before the State of the Union together (RBG famously attributed the wine to the reason she dozed off during an Obama speech) and will always eat lunch together when in session. This also has an added benefit to demonstrate how they form these strong bonds: The newest justice on the bench is in charge of the lunch menu and what the cafeteria makes on any given day. This actually forces the friendships, as, in order to do a successful job, the new Justice must meet with the other 8 members of the court, discuss a highly opinion driven topic (but not a very politically driven topic), and come to an agreeable solution that can satisfy all 9 justices. RBG (Ruth Bader Ginsburg) might love her some Meat Lover's deep dish pizza, but Thompson cannot stand pizza. What's poor Brett (at time of writing) to do?
RBG, who is famously one of the most liberal SCOTUS justices on the Bench was noted for her friendship with Justice Antonin Scalia, one of the most Conservative members on the bench. Their opinions rarely agreed with each other. But they were the closest friends in real life, and were frequently seen going to the Opera together as they both enjoyed the medium. She reportedly took his death very hard. The Supreme Court has a lot of internal behind the scenes tricks to impose a feeling that we can disagree, but we still get along well with each other.
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
add a comment |
Those on the Supreme Court are appointed with the "advice and consent" of the Senate, as specified in the US Constitution. In practice, this means that the President nominates a person and they go to one or more Senate hearings to be examined by the members of the Senate. Exactly what number of votes are needed to gain the consent of the Senate is up to the Senate, but currently it's a simple majority.
Once a person has been appointed to the Supreme Court, they are there for a life term. This was a provision meant to de-politicize the Supreme Court, hoping that without the threat of losing their nomination, justices would be able to rule with regard only for the law and without regard for politics. However, like all appointed officials, Supreme Court justices can be impeached, and in fact the only impeachment of a Supreme Court justice in history was on accusation of political bias in their lower court rulings (Samuel Chase). This is not something that was considered often in the past, since the court simply was not as likely to rule on political lines - most Supreme Court decisions are not decided by one vote, but there is a perception that more cases are being split 5-4 along political lines. However, even if Congress was inclined to impeach justices, I think impeaching Supreme Court members for alleged political bias in rulings would be another "nuclear option," in that whatever party does it first will be the recipient of it when the other party regains power, and you never know exactly what the future holds and whether or not one party will have enough of a majority in both houses to impeach and convict without having to cross party lines. It's also difficult to pursue, since it requires 2/3 of Senators to vote for in favor of conviction to be successful.
One more thing, in response to "Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced?" If you watch a Supreme Court hearing on a person nominated to the Supreme Court, the Senate does tend to grill them on their opinions on certain political issues. Usually, the nominee will say something to the effect of "I won't rule on a hypothetical case." This may sound like dodging the question (and is that too), but it's a good response for a judge - they do not rule based on their opinion of a topic, but based on the actual facts of the case in front of them. Even if a Supreme Court judge has a strong conviction about a political issue, a good judge does not allow their personal bias to affect their rulings.
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
|
show 1 more comment
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "475"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
SethFrkinRollins is a new contributor. Be nice, and check out our Code of Conduct.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39635%2fdoesnt-the-system-of-the-supreme-court-oppose-justice%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the remaining cases a more stable majority is often more normal than the narrow majority (combined 29% of cases are 7-2 or 8-1). However, the reason this doesn't seem the case is that the cases that are 5-4 decisions are by their nature, very divisive topics in the United States and thus tend to get talked about more than the more boring and more firmly decided cases (Though this isn't always the case... the infamous Gay Wedding Cake case was expected to be a 5-4 decision but the court decided in a 7-2 decision.).
Now, behind the scenes, the Supreme Court get along famously and the Justices tend to be very familial with each other. Among the traditions is that they share a dinner before the State of the Union together (RBG famously attributed the wine to the reason she dozed off during an Obama speech) and will always eat lunch together when in session. This also has an added benefit to demonstrate how they form these strong bonds: The newest justice on the bench is in charge of the lunch menu and what the cafeteria makes on any given day. This actually forces the friendships, as, in order to do a successful job, the new Justice must meet with the other 8 members of the court, discuss a highly opinion driven topic (but not a very politically driven topic), and come to an agreeable solution that can satisfy all 9 justices. RBG (Ruth Bader Ginsburg) might love her some Meat Lover's deep dish pizza, but Thompson cannot stand pizza. What's poor Brett (at time of writing) to do?
RBG, who is famously one of the most liberal SCOTUS justices on the Bench was noted for her friendship with Justice Antonin Scalia, one of the most Conservative members on the bench. Their opinions rarely agreed with each other. But they were the closest friends in real life, and were frequently seen going to the Opera together as they both enjoyed the medium. She reportedly took his death very hard. The Supreme Court has a lot of internal behind the scenes tricks to impose a feeling that we can disagree, but we still get along well with each other.
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
add a comment |
SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the remaining cases a more stable majority is often more normal than the narrow majority (combined 29% of cases are 7-2 or 8-1). However, the reason this doesn't seem the case is that the cases that are 5-4 decisions are by their nature, very divisive topics in the United States and thus tend to get talked about more than the more boring and more firmly decided cases (Though this isn't always the case... the infamous Gay Wedding Cake case was expected to be a 5-4 decision but the court decided in a 7-2 decision.).
Now, behind the scenes, the Supreme Court get along famously and the Justices tend to be very familial with each other. Among the traditions is that they share a dinner before the State of the Union together (RBG famously attributed the wine to the reason she dozed off during an Obama speech) and will always eat lunch together when in session. This also has an added benefit to demonstrate how they form these strong bonds: The newest justice on the bench is in charge of the lunch menu and what the cafeteria makes on any given day. This actually forces the friendships, as, in order to do a successful job, the new Justice must meet with the other 8 members of the court, discuss a highly opinion driven topic (but not a very politically driven topic), and come to an agreeable solution that can satisfy all 9 justices. RBG (Ruth Bader Ginsburg) might love her some Meat Lover's deep dish pizza, but Thompson cannot stand pizza. What's poor Brett (at time of writing) to do?
RBG, who is famously one of the most liberal SCOTUS justices on the Bench was noted for her friendship with Justice Antonin Scalia, one of the most Conservative members on the bench. Their opinions rarely agreed with each other. But they were the closest friends in real life, and were frequently seen going to the Opera together as they both enjoyed the medium. She reportedly took his death very hard. The Supreme Court has a lot of internal behind the scenes tricks to impose a feeling that we can disagree, but we still get along well with each other.
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
add a comment |
SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the remaining cases a more stable majority is often more normal than the narrow majority (combined 29% of cases are 7-2 or 8-1). However, the reason this doesn't seem the case is that the cases that are 5-4 decisions are by their nature, very divisive topics in the United States and thus tend to get talked about more than the more boring and more firmly decided cases (Though this isn't always the case... the infamous Gay Wedding Cake case was expected to be a 5-4 decision but the court decided in a 7-2 decision.).
Now, behind the scenes, the Supreme Court get along famously and the Justices tend to be very familial with each other. Among the traditions is that they share a dinner before the State of the Union together (RBG famously attributed the wine to the reason she dozed off during an Obama speech) and will always eat lunch together when in session. This also has an added benefit to demonstrate how they form these strong bonds: The newest justice on the bench is in charge of the lunch menu and what the cafeteria makes on any given day. This actually forces the friendships, as, in order to do a successful job, the new Justice must meet with the other 8 members of the court, discuss a highly opinion driven topic (but not a very politically driven topic), and come to an agreeable solution that can satisfy all 9 justices. RBG (Ruth Bader Ginsburg) might love her some Meat Lover's deep dish pizza, but Thompson cannot stand pizza. What's poor Brett (at time of writing) to do?
RBG, who is famously one of the most liberal SCOTUS justices on the Bench was noted for her friendship with Justice Antonin Scalia, one of the most Conservative members on the bench. Their opinions rarely agreed with each other. But they were the closest friends in real life, and were frequently seen going to the Opera together as they both enjoyed the medium. She reportedly took his death very hard. The Supreme Court has a lot of internal behind the scenes tricks to impose a feeling that we can disagree, but we still get along well with each other.
SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the remaining cases a more stable majority is often more normal than the narrow majority (combined 29% of cases are 7-2 or 8-1). However, the reason this doesn't seem the case is that the cases that are 5-4 decisions are by their nature, very divisive topics in the United States and thus tend to get talked about more than the more boring and more firmly decided cases (Though this isn't always the case... the infamous Gay Wedding Cake case was expected to be a 5-4 decision but the court decided in a 7-2 decision.).
Now, behind the scenes, the Supreme Court get along famously and the Justices tend to be very familial with each other. Among the traditions is that they share a dinner before the State of the Union together (RBG famously attributed the wine to the reason she dozed off during an Obama speech) and will always eat lunch together when in session. This also has an added benefit to demonstrate how they form these strong bonds: The newest justice on the bench is in charge of the lunch menu and what the cafeteria makes on any given day. This actually forces the friendships, as, in order to do a successful job, the new Justice must meet with the other 8 members of the court, discuss a highly opinion driven topic (but not a very politically driven topic), and come to an agreeable solution that can satisfy all 9 justices. RBG (Ruth Bader Ginsburg) might love her some Meat Lover's deep dish pizza, but Thompson cannot stand pizza. What's poor Brett (at time of writing) to do?
RBG, who is famously one of the most liberal SCOTUS justices on the Bench was noted for her friendship with Justice Antonin Scalia, one of the most Conservative members on the bench. Their opinions rarely agreed with each other. But they were the closest friends in real life, and were frequently seen going to the Opera together as they both enjoyed the medium. She reportedly took his death very hard. The Supreme Court has a lot of internal behind the scenes tricks to impose a feeling that we can disagree, but we still get along well with each other.
edited 3 hours ago
Matthew Crumley
1033
1033
answered 9 hours ago
hszmvhszmv
5,480725
5,480725
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
add a comment |
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
3
3
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
Red Green Blue, or did you mean RBG?
– Wildcard
5 hours ago
8
8
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
@Wildcard I think her name should be spelled out once as well, for those who don't know Notorious RBG.
– IllusiveBrian
5 hours ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
Masterpiece Bakery ("the infamous Gay Wedding Cake case") was lopsided because it wasn't a decision on the merits. Whether a state can in fact force a baker to bake a cake for a gay wedding remains undecided. The ruling of the Court was that the actions of the government were so egregious, that the process denied the plaintiff free exercise. Colorado could actually start all over again, and possibly succeed at getting the wedding catered.
– Malvolio
9 mins ago
add a comment |
Those on the Supreme Court are appointed with the "advice and consent" of the Senate, as specified in the US Constitution. In practice, this means that the President nominates a person and they go to one or more Senate hearings to be examined by the members of the Senate. Exactly what number of votes are needed to gain the consent of the Senate is up to the Senate, but currently it's a simple majority.
Once a person has been appointed to the Supreme Court, they are there for a life term. This was a provision meant to de-politicize the Supreme Court, hoping that without the threat of losing their nomination, justices would be able to rule with regard only for the law and without regard for politics. However, like all appointed officials, Supreme Court justices can be impeached, and in fact the only impeachment of a Supreme Court justice in history was on accusation of political bias in their lower court rulings (Samuel Chase). This is not something that was considered often in the past, since the court simply was not as likely to rule on political lines - most Supreme Court decisions are not decided by one vote, but there is a perception that more cases are being split 5-4 along political lines. However, even if Congress was inclined to impeach justices, I think impeaching Supreme Court members for alleged political bias in rulings would be another "nuclear option," in that whatever party does it first will be the recipient of it when the other party regains power, and you never know exactly what the future holds and whether or not one party will have enough of a majority in both houses to impeach and convict without having to cross party lines. It's also difficult to pursue, since it requires 2/3 of Senators to vote for in favor of conviction to be successful.
One more thing, in response to "Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced?" If you watch a Supreme Court hearing on a person nominated to the Supreme Court, the Senate does tend to grill them on their opinions on certain political issues. Usually, the nominee will say something to the effect of "I won't rule on a hypothetical case." This may sound like dodging the question (and is that too), but it's a good response for a judge - they do not rule based on their opinion of a topic, but based on the actual facts of the case in front of them. Even if a Supreme Court judge has a strong conviction about a political issue, a good judge does not allow their personal bias to affect their rulings.
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
|
show 1 more comment
Those on the Supreme Court are appointed with the "advice and consent" of the Senate, as specified in the US Constitution. In practice, this means that the President nominates a person and they go to one or more Senate hearings to be examined by the members of the Senate. Exactly what number of votes are needed to gain the consent of the Senate is up to the Senate, but currently it's a simple majority.
Once a person has been appointed to the Supreme Court, they are there for a life term. This was a provision meant to de-politicize the Supreme Court, hoping that without the threat of losing their nomination, justices would be able to rule with regard only for the law and without regard for politics. However, like all appointed officials, Supreme Court justices can be impeached, and in fact the only impeachment of a Supreme Court justice in history was on accusation of political bias in their lower court rulings (Samuel Chase). This is not something that was considered often in the past, since the court simply was not as likely to rule on political lines - most Supreme Court decisions are not decided by one vote, but there is a perception that more cases are being split 5-4 along political lines. However, even if Congress was inclined to impeach justices, I think impeaching Supreme Court members for alleged political bias in rulings would be another "nuclear option," in that whatever party does it first will be the recipient of it when the other party regains power, and you never know exactly what the future holds and whether or not one party will have enough of a majority in both houses to impeach and convict without having to cross party lines. It's also difficult to pursue, since it requires 2/3 of Senators to vote for in favor of conviction to be successful.
One more thing, in response to "Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced?" If you watch a Supreme Court hearing on a person nominated to the Supreme Court, the Senate does tend to grill them on their opinions on certain political issues. Usually, the nominee will say something to the effect of "I won't rule on a hypothetical case." This may sound like dodging the question (and is that too), but it's a good response for a judge - they do not rule based on their opinion of a topic, but based on the actual facts of the case in front of them. Even if a Supreme Court judge has a strong conviction about a political issue, a good judge does not allow their personal bias to affect their rulings.
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
|
show 1 more comment
Those on the Supreme Court are appointed with the "advice and consent" of the Senate, as specified in the US Constitution. In practice, this means that the President nominates a person and they go to one or more Senate hearings to be examined by the members of the Senate. Exactly what number of votes are needed to gain the consent of the Senate is up to the Senate, but currently it's a simple majority.
Once a person has been appointed to the Supreme Court, they are there for a life term. This was a provision meant to de-politicize the Supreme Court, hoping that without the threat of losing their nomination, justices would be able to rule with regard only for the law and without regard for politics. However, like all appointed officials, Supreme Court justices can be impeached, and in fact the only impeachment of a Supreme Court justice in history was on accusation of political bias in their lower court rulings (Samuel Chase). This is not something that was considered often in the past, since the court simply was not as likely to rule on political lines - most Supreme Court decisions are not decided by one vote, but there is a perception that more cases are being split 5-4 along political lines. However, even if Congress was inclined to impeach justices, I think impeaching Supreme Court members for alleged political bias in rulings would be another "nuclear option," in that whatever party does it first will be the recipient of it when the other party regains power, and you never know exactly what the future holds and whether or not one party will have enough of a majority in both houses to impeach and convict without having to cross party lines. It's also difficult to pursue, since it requires 2/3 of Senators to vote for in favor of conviction to be successful.
One more thing, in response to "Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced?" If you watch a Supreme Court hearing on a person nominated to the Supreme Court, the Senate does tend to grill them on their opinions on certain political issues. Usually, the nominee will say something to the effect of "I won't rule on a hypothetical case." This may sound like dodging the question (and is that too), but it's a good response for a judge - they do not rule based on their opinion of a topic, but based on the actual facts of the case in front of them. Even if a Supreme Court judge has a strong conviction about a political issue, a good judge does not allow their personal bias to affect their rulings.
Those on the Supreme Court are appointed with the "advice and consent" of the Senate, as specified in the US Constitution. In practice, this means that the President nominates a person and they go to one or more Senate hearings to be examined by the members of the Senate. Exactly what number of votes are needed to gain the consent of the Senate is up to the Senate, but currently it's a simple majority.
Once a person has been appointed to the Supreme Court, they are there for a life term. This was a provision meant to de-politicize the Supreme Court, hoping that without the threat of losing their nomination, justices would be able to rule with regard only for the law and without regard for politics. However, like all appointed officials, Supreme Court justices can be impeached, and in fact the only impeachment of a Supreme Court justice in history was on accusation of political bias in their lower court rulings (Samuel Chase). This is not something that was considered often in the past, since the court simply was not as likely to rule on political lines - most Supreme Court decisions are not decided by one vote, but there is a perception that more cases are being split 5-4 along political lines. However, even if Congress was inclined to impeach justices, I think impeaching Supreme Court members for alleged political bias in rulings would be another "nuclear option," in that whatever party does it first will be the recipient of it when the other party regains power, and you never know exactly what the future holds and whether or not one party will have enough of a majority in both houses to impeach and convict without having to cross party lines. It's also difficult to pursue, since it requires 2/3 of Senators to vote for in favor of conviction to be successful.
One more thing, in response to "Aren't clear opinions on certain topics (e.g. abortion) hurting actual justice to be enforced?" If you watch a Supreme Court hearing on a person nominated to the Supreme Court, the Senate does tend to grill them on their opinions on certain political issues. Usually, the nominee will say something to the effect of "I won't rule on a hypothetical case." This may sound like dodging the question (and is that too), but it's a good response for a judge - they do not rule based on their opinion of a topic, but based on the actual facts of the case in front of them. Even if a Supreme Court judge has a strong conviction about a political issue, a good judge does not allow their personal bias to affect their rulings.
edited 1 hour ago
answered 11 hours ago
IllusiveBrianIllusiveBrian
4,5911220
4,5911220
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
|
show 1 more comment
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
If we actually had "good judges", most SCOTUS decisions wouldn't be a 5-4 split - they should mostly be unanimous.
– Hannover Fist
5 hours ago
13
13
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
@Hannover - Most decisions are not a 5-4 split.
– Obie 2.0
5 hours ago
4
4
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
Only if the laws afforded only a single interpretation for any given set of facts, @HannoverFist. That is rarely true for cases that SCOTUS accepts, even those that it does decide unanimously.
– John Bollinger
5 hours ago
1
1
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
"more are being split 5-4 along political lines" Is that true?
– eyeballfrog
3 hours ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
Regarding impeachment, I think it's also important to note that conviction in an impeachment trial requires way more than a simple majority. It requires 2/3 of the Senate. And, unlike the filibuster rule that previously applied to initial confirmations, this rule is part of the U.S. Constitution and changing it would require a supermajority of both houses of Congress and ratification by a full 3/4 of states. So, the standards for impeachment won't be dropped on a whim for partisan reasons like the standards for filibustering nominees were.
– reirab
1 hour ago
|
show 1 more comment
SethFrkinRollins is a new contributor. Be nice, and check out our Code of Conduct.
SethFrkinRollins is a new contributor. Be nice, and check out our Code of Conduct.
SethFrkinRollins is a new contributor. Be nice, and check out our Code of Conduct.
SethFrkinRollins is a new contributor. Be nice, and check out our Code of Conduct.
Thanks for contributing an answer to Politics Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39635%2fdoesnt-the-system-of-the-supreme-court-oppose-justice%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
13
Absolutely, this has happened in several notorious cases. One of the more notable cases was the Dred Scott decision, but there have been more over the years. It's where the phrase "stacking the court" comes from. And they are human beings afterall (and thus political by nature as you pointed out).
– ouflak
12 hours ago
2
After a president nominates a potential justice, what is the next step before they join the court?
– Drunk Cynic
11 hours ago
What would be your suggested alternative?
– RWW
9 hours ago
1
Could you clarify the question a bit more? As I read it right now, it sounds like you're asking whether human beings tend to favor their own opinions, which is true but not really specific to the US Supreme Court.
– Deolater
9 hours ago
1
@user22277 This conversation has become off topic, and shall not be continued here. Please turn to this question and the associated answers, or Agora in general. politics.stackexchange.com/questions/32116/…
– Drunk Cynic
7 hours ago