{"id":27112,"date":"2012-03-15T14:32:39","date_gmt":"2012-03-15T20:32:39","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2012\/03\/15\/scotus-and-political-decisions.html"},"modified":"2012-03-15T14:32:39","modified_gmt":"2012-03-15T20:32:39","slug":"scotus-and-political-decisions","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2012\/03\/15\/scotus-and-political-decisions.html","title":{"rendered":"SCOTUS and &quot;Political&quot; Decisions"},"content":{"rendered":"<p>It&#39;s probably unreasonable to expect any Supreme Court Justice to rule with Vulcan-like precision merely on the legal merits of a given case &#8212; if for no other reason than that they are (a) human, and (b) cases that get to (and are accepted by) SCOTUS are rarely so clear in their legal merits as to be obvious slam-dunks.<\/p>\n<p>On the other hand, we expect and hope that the influence of politics will not be strictly partisan &#8212; GOP-appointed justices voting as John Boehner expects, Dem-appointed ones rooting for Obama.  True, justices are appointed by presidents and are usually chosen because they are (or were at the time) seen as holding legal opinions in line with what the President wanted (and the Senate was willing to approve).  Equally true is that justices often surprise (and disappoint) their appointers.<\/p>\n<p>The thing is, in many ways, &quot;politics&quot; in the standard GOP vs Democrat mold isn&#39;t what the Justices are about.  We can talk about &quot;conservative&quot; vs. &quot;liberal,&quot; but there is often a lot of bleed-over as their judicial philosophies are along many axes, and many of them different from legislative politics.  If the Justices are partisan, they tend to be less so based on our two parties than as parties of differing judicial philosophies.<\/p>\n<p>The danger comes when that all <i>seems<\/i> to line up to match the partisan debate. Because the credibility of the court system is that it is based on the law &#8212; the law as seen and understood through different opinions, but still the law &#8212; <i>not<\/i> based on who the Justice in question wants to see elected as the next President (see Florida 2000).  When that credibility is threatened, the Supreme Court, the court system in general, and the nation all suffer.  #ddtb<\/p>\n<p style='clear:both;'>\n<p style='margin-bottom:5px;'><strong>Embedded Link<\/strong><\/p>\n<div style='height:120px;width:120px;overflow:hidden;float:left;margin-top:0px;padding-top:0px;margin-right:10px;vertical-align:top;text-align:center;clear:both;'>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<img style='max-width:none;' src='http:\/\/images0-focus-opensocial.googleusercontent.com\/gadgets\/proxy?container=focus&#038;gadget=a&#038;resize_h=100&#038;url=http%3A%2F%2Fwww.bloomberg.com%2Fapps%2Fdata%3Fpid%3Davimage%26iid%3Div60Ufy1JRBk' border='0' \/>\n\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n<p>\t\t\t\t\t\t\t\t\t\t\t\t<a href='http:\/\/www.businessweek.com\/news\/2012-03-14\/supreme-court-seen-influenced-by-politics-in-health-care-ruling#p1'>Supreme Court Seen Influenced by Politics in Health-Care Ruling<\/a><br \/>\n\t\t\t\t\t\t\t\t\t\t\t\tThree-quarters of Americans say the U.S. Supreme Court will be influenced by politics when it rules on the constitutionality of a health-care law signed by President Barack Obama two years ago. The se&#8230;\n\t\t\t\t\t\t\t\t\t\t\t<\/p>\n<p style='clear:both;'>\n","protected":false},"excerpt":{"rendered":"<p>It&#39;s probably unreasonable to expect any Supreme Court Justice to rule with Vulcan-like precision merely on the legal merits of a given case &#8212; if for no other reason than that they are (a) human, and (b) cases that get to (and are accepted by) SCOTUS are rarely so clear in their legal merits as &hellip; <a href=\"https:\/\/hill-kleerup.org\/blog\/2012\/03\/15\/scotus-and-political-decisions.html\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;SCOTUS and &quot;Political&quot; Decisions&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106],"tags":[107],"class_list":["post-27112","post","type-post","status-publish","format-standard","hentry","category-plusposts","tag-ddtb"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":50447,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/05\/06\/ben-carson-has-some-odd-ideas-about-the-judiciary.html","url_meta":{"origin":27112,"position":0},"title":"Ben Carson has some odd ideas about the judiciary","author":"***Dave","date":"Wed 6-May-15 11:41am","format":false,"excerpt":"http:\/\/www.rightwingwatch.org\/content\/ben-carson-federal-government-doesnt-need-recognize-gay-marriage-scotus-ruling1. Anyone who appears on NewsMax TV almost automatically disqualifies himself for pretty much anything. NewsMax makes Fox News look like Edward R Murrow.2. Carson seems to think that SCOTUS passes \"judicial law,\" which, because it's not real, Congress-passed law, the Executive branch can ignore it. That is ... a\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":27307,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/04\/02\/why-were-predictions-about-the-scotus-hearing-of-the-ppaca-so-wrong.html","url_meta":{"origin":27112,"position":1},"title":"Why were predictions about the SCOTUS hearing of the PPACA so wrong?","author":"***Dave","date":"Mon 2-Apr-12 9:30pm","format":false,"excerpt":"With the proviso that we don't yet actually know how they will vote, Steve Benan notes:\"When analysts expected a 7-2 or 8-1 ruling in support of the administration, they weren't just picking numbers out of thin air; this was a reasonable estimate based on everything we know about the court,\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":129335,"url":"https:\/\/hill-kleerup.org\/blog\/2016\/01\/03\/partisan-gridlock-could-destroy-the-supreme-court-too.html","url_meta":{"origin":27112,"position":2},"title":"Partisan gridlock could destroy the Supreme Court, too","author":"***Dave","date":"Sun 3-Jan-16 5:16pm","format":false,"excerpt":"An interesting article below on how the \"OMG THE NEXT PRESIDENT WILL NOMINATE A BUNCH OF SCOTUS JUDGES VOTE FOR US!\" arguments around next year's presidential election (which I have been known to make): gridlock in Washington may simply leave any openings vacant.The idea is that a split between the\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":128184,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/09\/29\/yes-once-again-scotus-picks-make-this-the-most-important-election-ever.html","url_meta":{"origin":27112,"position":3},"title":"Yes, once again SCOTUS picks make this the Most Important Election Ever","author":"***Dave","date":"Tue 29-Sep-15 7:10am","format":false,"excerpt":"I actually cannot recall a presidential election when that claim wasn't made, usually by both sides of the aisle. That doesn't mean it isn't true, of course, but it is getting a bit tiresome.It is likely that the next president will get to nominated, even in a 4-year term, 1-3\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":8069,"url":"https:\/\/hill-kleerup.org\/blog\/2005\/05\/31\/a_talk_or_three.html","url_meta":{"origin":27112,"position":4},"title":"A talk (or three) with Kathleen Sullivan","author":"***Dave","date":"Tue 31-May-05 8:08am","format":false,"excerpt":"Kathleen Sullivan, a law prof at Stanford (and former Dean of the Law School there) gave an hour-long speech\/presentation at the Stanford Sierra Camp about the Supreme Court and current...","rel":"","context":"In &quot;Crime &amp; Punishment&quot;","block_context":{"text":"Crime &amp; Punishment","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/crime-punishment"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":23544,"url":"https:\/\/hill-kleerup.org\/blog\/2011\/11\/07\/stop-me-if-youve-heard-this-electoral-argument-before.html","url_meta":{"origin":27112,"position":5},"title":"Stop me if you&#39;ve heard this electoral argument before","author":"***Dave","date":"Mon 7-Nov-11 8:27pm","format":false,"excerpt":"One consistent that has cropped up over every presidential election for the past decade or three has been the threat that The Next President Will Select Supreme Court Justices. So, with the election just one year away, cue arguments that \"we must elect X in order to protect\/change the nature\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"http:\/\/images0-focus-opensocial.googleusercontent.com\/gadgets\/proxy?container=focus&gadget=a&resize_h=100&url=http%3A%2F%2Fthinkprogress.org%2Fwp-content%2Fuploads%2F2011%2F11%2Fromney-money-300x234.jpg","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/27112","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=27112"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/27112\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=27112"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=27112"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=27112"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}