Sixty percent of voters believe the justices on the US Supreme Court have their own political agendas, according to a recent Rasmussen Reports poll. Only 23 percent of participants think the Court's members are impartial.
Presidential candidates seem to agree that the Supreme Court is political. John McCain said that the dangerous decision to grant Guantanamo Bay detainees habeas corpus stressed the importance of electing him to appoint conservative judges. Barack Obama argued the exact opposite — that the fragile majority must be protected.
While it's impossible to expect any person to be completely impartial, the notion of a political agenda implies that (at least internally) articulated policy goals would primarily inform how a justice decides a case. In other words, an agenda suggests that justices would put political interest, before legal principles. It seems bothersome if undemocratically elected and lifetime appointed government officials are motivated by politics. And don't forget — you don't have to be an "activist judge" to have an agenda; strict construction furthers somebody's policy goals, too.
Do you think there's a difference between being subjective and having a political agenda? Do you care if justices, who are appointed by the President and approved by the Senate, are political?
Do you think the Supreme Court justices sit on the bench with political agendas?









Cyberjammies
IRO
Pringle
Do you think there's a difference between being subjective and having a political agenda?
Absolutely, you can have a point of view or even a deeply held conviction and not be motivated to force that on to others.
Do you care if justices, who are appointed by the President and approved by the Senate, are political?
Because of their job, I want them to be capable of overlooking political matters and issuing the fairest rulings that they can muster.
Do you think the Supreme Court justices sit on the bench with political agendas?
1There are some now and have been in the past, yes.
Is anyone else really easily able to tell which articles Liberty wrote and which ones Citizen wrote?
Anyway, on a serious note, I don't think justices can ever be apolitical, but I think many of them try (at least in their decisions). I think a lot of the splits that seem political honestly come from the way they believe the Constitution is to be interpreted. If you look at members of both political parties in regards to interpretation of the Constitution, there is a fundamental difference.
That being said, I think a lot of people will label any decision they don't agree with as politically motivated.
2"Is anyone else really easily able to tell which articles Liberty wrote and which ones Citizen wrote?"
Me me me!!!! I make a little game out of it! I look at the headline and then guess, and I am ALWAYS right! I think I was wrong once, but that was months ago.
3Ha! What gives it away?
4Yes, there are always going to be Justices that consciously step outside the duty of objectivity. It is wrong and it is a factor that we can do nothing about except to call them out when and if this act is found out. Temptation is part of the human fabric and choice is its salvation. Like any other group all it takes is a few bad apples to taint the works of a diligent master at their craft.
I believe that just like any person Justices' lives are also shaped by family, policy, politics, religion/spirituality or not and education. It is from their respective platforms of life’s experience which they see the law as it relates to each case and there for interpreted. This means every Justice sub-consciously projects a view that is unique to them and their beliefs.
5In this one, it was this line:
"And don't forget — you don't have to be an "activist judge" to have an agenda; strict construction furthers somebody's policy goals, too."
Nothing negative, I just wondered if anyone else noticed the differences.
6Of course they do. They're not robots.
7It is probably I have been on this site for so long I know what political way you sway and your personalities shine through in some of the writing.
8Yeah, cine, in general I think I'm with you. It actually makes me feel kind of pathetic, like I need to find something else to do with my days.
9I notice the "leaning" references made by commenters on Liberty posts, but for some reason people never notice the bias as much on Citizen posts. Hmm.
They both have their preference, but I think the site as a whole is pretty balanced.
10Eh, Don't worry about it lil. I would be depressed if you got a life
11Jill, I never said Citizen wasn't biased. Cine specifically said that she notices the way they both sway politically.
12Jill, I think this this site as a whole is a bit more left wing. Do they try to be balanced? Yes. And they do a very good job, but I don't think they are all that Conservative. But maybe that goes back to yesterdays comment about nobody being a Conservative as me.
13And I did not say that Citizen was not biased.
14I meant citizen the person not the site, BTW. Citizen leans more to the right (the person).
15LOL cine. I understand you and I actually agree with most of what you type here.
16Just most shop?
17Judges have their own beleifs that guide their interpretation of the law, but if they have a political agenda then that's why the supreme court has eight other Justices to counterbalance that. I don't think any one judge would be able to force his or her own agenda and be sucessful. Thankfully.
18LOL cine to be honest with you. I agree with ALOT of your comments and opinions. You just say it much better than me so most of my comments are like "I agree with Cine or Cabaker!"
I'm too lazy too.
19
That is okay shop, it is nice to be agreed with. Lately I have not been on, I have a flu that
just won't go away.
20It is absurd to think that the justices do not have their own political agendas. Anyone who would argue otherwise clearly is unfamiliar with the embarrassing jurisprudence that is Bush v. Gore (2000).
21People interpret the constitution differently. Conservatives will pick judges who interpret it similarly to them, and Liberals will do the same.
I'd like to think that if these guys had huge political agendas they would have just run for public office instead of working their asses off for like, hundreds of years in order to be a supreme court judge.
22I find it kind of sad that strict interpreation of the Constiution is considered being partisan.
23I don't know whether or not any of the justices ever achieve complete impartiality. The fact that conservatives think the liberal judges are all activist judges and liberals think the conservative judges are all activist judges makes me very suspicious of all of them.
That said, (and although I hate the term strict constructionist and prefer textualist which is more accurate most of the time) by definition, a strict constructionist would adhere to the text as written regardless of whether that meshed with their political goals on any given question of law. That's the exact opposite of having and applying an agenda.
24Aw, Cine, are you still not feeling better?
25No. I feel like I am never going to be better. I has been a full week now.
26Oh no.
That's awful! I hope it does clear up soon.
27i'm sorry Cine. i hope you feel better.
28Textualism and strict constructionalism, on the other hand, tend to make judges mere robots in our judicial system, simply reading the law and spitting it back out again. This type of judicial interpretation frees justices of all accountability for their decisions ("hey, don't blame me, I was just reading the text!").
29Poor cine, I thought the platinum level would make you better.
30Anyway, these justices all have political agendas, big time. You never hear about any surprising decisions from individuals, there is no Solomonic wisdom inside those robes; these folks are predictable, yes?
Thanks ladies!
I am getting a bit stir crazy.
31At least Bush v. Gore cites laws/the Constitution. Has anyone ever read the text of Roe v. Wade. Even people who agree with the decision have admitted to me that it's not very "legal."
32I think they have agendas, but I really think until you're forced to REALLY look at them you don't realize that judges aren't political left/right the way the rest of the world is. Law school opened me up to a whole crazy reality, that the judges are not fighting over the social issues we are (even when deciding them) but the way of the law. That is why so many judges go one way and then another, if you are just looking at the social outcomes - esp in an area like abortion or criminal justice. They aren't hashing out what is reported as the outcome, but the legal stuff they really really get into.
That said, I respect the justices that adhere to a legal theory, a reasoning, and decide based on that. Though he drives me nuts, Scalia really embodies that principle until he hits certain issues that he morally cannot go with.
33Aah. Wolf says get better!
34Roe followed a line of cases. Legal scholars will argue forever (from both sides, btw) on the how it should have beens. Same with Brown v Board of Ed. What would have made it stronger, what areas are more salient, etc.
I also find it interesting that the Constitution interpreters split one way on regulating economics and another on regulating social issues. It isn't as easy as left/right political bents, but I think it is hard to let go of principals you hold in your 'real life' when you step behind the bench.
35I'm aware that Roe drew from old cases. I'm just saying that a lot of times people take cases they don't agree with (Bush v. Gore) and claim they are not legally based and then look at cases they do (Roe v. Wade) and look the other way.
36I mean, parts of the Roe decision were about trimesters. What legal basis do justices have to write about that?
37Even if you agree with the decision, it was poorly written.
38I think Brown Vs. the board is another excellent example. Talk about ignoring the Constitution!
39I agree, cine. I think it was a change that needed to happen, but it should have been legislated/the Constitution should have been amended. To me, the ends do not always justify the means because it can create a "slippery slope."
40I was just responding to it not being "legal" - those types of cases (bush/gore included) are the ones legal scholars LURVE to go over and over, mainly b/c they use the legal fun to get where they go. The ones that already have framework laid out are much less legally creative... the new gitmo case is prob already salivated all over in the law schools...
41"I think it was a change that needed to happen, but it should have been legislated/the Constitution should have been amended. To me, the ends do not always justify the means because it can create a "slippery slope."
I completely agree!
42Lilkimbo: Would you be so kind as to elaborate on why Roe v. Wade was "poorly written" or not "legal"?
Cine_lover: Would you, too, be so kind as to elaborate on how Brown v. Board of Education "ignores" the U.S. constitution?
43I'm sort of curious too.
44Textualism and strict constructionalism, on the other hand, tend to make judges mere robots in our judicial system, simply reading the law and spitting it back out again.
That's what they're supposed to do. Interpret the law. Changing the law is supposed to be left to Congress.
45Jennifer:
46How exactly does a textualist "interpret" the law, as you correctly point out a judge is "supposed to do" ? Seems to me textualism condones a blind application of the law, no "interpretation," rather a "slavish adherence" to the letter of law, and that's why it's a terrible vehicle for deciding cases.
I know I'm coming in late. I think judges not only have political agendas, but also have legislative agendas as well.
47kitty - are you arguing that judges should be able to interpret the law as they see fit without considering the constitution or other cases?
48Cabaker27:
49No, absolutely not. That would be a foolish argument, and it is not suggested by anything I previously said.
so I guess I just don't see where you are going with your comments then.
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