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Evaluate the extent to which the Supreme court can be regarded as a…
Evaluate the extent to which the Supreme court can be regarded as a political institution
For
Ideological appointment of justices
Nominated by shared political values and beliefs
Politically aligned decisions
Rulings tend to align with party values
Garland
Judicial activism
Seen as going above constitutional power, seen as more liberal
Influence of media
Political media can pressure justices
Swing justice
Changes makeup of the SC through their own appointment
Against
Life tenure
Justices cannot be fired
Merit based appointment
Judicial restraint
Some avoid making rulings as it is deemed as unconstitutional on the rulings of the SC
Separation of powers
Varied voting patterns
Cases are presented to them, they do not pick.
Key cases
2022
Reversal of Roe v Wade- 5/4 Republican split in SC
8 states outlaw abortion, heavily republican states
very high public pressure at the time
Abortion was not banned, but the rulings were returned to the states
1973
Roe V Wade- Decriminalised abortion
SC ruling 7/2 decision.
14th amendment states nothing about privacy or abortion
1953 Brown vs Board (no time restriction)
Reargument of 1896 Plessy v Ferguson- Serpate but equal