American Justice 2016 ─ The Political Supreme Court
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In theory, the Supreme Court is supposed to be the least political branch of government. Its members are appointed for life and thereafter protected from having to win popular approval for their views through democratic election, freeing them to render judgments above the political fray. The reality has always been muddier, with disputes among the Justices often mirroring political divisions in the country. Yet in recent years politicization has reached unprecedented heights. This has been apparent in a string of decisions, from Bush v. Gore to more recent polarized rulings on campaign finance, the Affordable Care Act, and gay marriage.
Focusing on the term ending in June 2016, including the controversy surrounding the replacement for Associate Justice Antonin Scalia, legal journalist Lincoln Caplan raises a series of searching questions about the Court. Should it even strive to transcend politics? Or is it best to concede that it is merely the third political branch of the federal government? If it's the latter, how might the Court legitimize its decisions in a way that allows the institution to transcend "mere" politics?
With important cases touching on such polarizing issues as abortion, affirmative action, and the death penalty, the just-completed term provides a perfect occasion to reflect on the promise and perils of a politicized judiciary.
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