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Partisanship and the Supreme Court

The nine judges who hold the seats on the U.S. Supreme Court, the highest federal court of the United States, are responsible for the final interpreters of federal law. In recent history, their decisions have upheld  President Trump's travel banOhio's voter purging laws, and  ruled in favorof the Colorado bakery owner who refused to make a wedding cake for a same-sex couple. For 12 years, Justice Anthony Kennedy represented a swing vote, however, his impending  retirementand the appointment of a new justice has the potential to change the Supreme Court's composition for decades.

Judge Brett M. Kavanaugh, President Trump's nominee to replace Justice Kennedy, has been faced with deeply partisan support and pushback throughout Congress's confirmation hearings. This is not the first time we've witnessed partisan action in regards to the judicial branch, however, the role of partisanship seems to be extending beyond the nominee process to  within the court's decisions. Have party lines divided the U.S. Supreme Court? Is it at risk for becoming just another tool for the major parties to enact political change rather than upholding the ideals of American democracy?

Jonathan L. Entin

David L. Brennan Professor Emeritus of Law and Adjunct Professor of Political Science, Case Western Reserve University School of Law

·        Jeremy Paris

Principal, The Raben Group, and, Former Chief Counsel for Nominations and Oversight, Senate Judiciary Committee

 

·        Lisa A. Tucker

Associate Professor of Law, Thomas R. Kline School of Law, Drexel University

 

·        Nehal Chigurupati

 

Youth Forum Council Member 

 

Sam Lehman

 

Youth Forum Council Member

 

Nick Carabello

 

Youth Forum Council Member 

 

Johnique Wilson

 

Youth Forum Council Member 

Natalia Garcia is a digital producer for the education team at Ideastream Public Media.