Question

How has the appointment of SCOTUS Justices become more political? Give examples.

Answer 1

The appointment of Supreme Court Justices has become more political because the divide between the two rival political parties (Democrat and Republican) has become more deep which is evident in their legislative policies, which is what the SCOTUS has to decide if it is constitutional or not. So, it has become more political because now the President nominates justices that are more likely to rule in their parties favor; but the justice cannot be confirmed due to the Senate having the power of advise and consent. Meaning that the senate has to confirm the presidents nominee to the court. An example of this politicized movement was during the Obama administration. Obama was able to get the Affordable Care Act passed by the House and Senate to be able to be signed into law. But there was a continued question of whether or not this law was constitutional. So, when Justice Scolia died in 2016 that left Obama in the position to be able to appoint a new justice. Obama nominated someone (Merrick Garland) but faced fierce opposition by Senate Republicans, who wanted the incoming president to appoint someone to the position. Ultimately Garlands appointment was blocked by the Senate Republicans due to them saying that the Senate should not confirm him due to it being a presidential election year. But then in 2020 (an election year) when Justice Ginsberg died President Trump nominated Amy Coney Barrett to fill the position. Senate Republicans conducted a rather swift confirmation process to fill the vacancy with evidence suggesting that they did so in order to have another conservative justice on the court since Obamacare was an issue that was being brought before the Supreme Court in November, approximately a month later.