It was the "US conflict with Spain," that was mainly driving up sales for many newspapers in the US during this time, since many of the papers were pushing for war.
The most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society.
In the Supreme Court? It would allow a current administration more power and not have an antagonizing Justice sitting in opposition to the president. Also, this way there would be a constant flow, and no one would get too comfy in their position.