Is the judicial system in the US politicised?

5 comments

1. Literally no judiciary could ever be free of politicization. The justices of the supreme court are chosen by a politician and confirmed by politicians. The best defence the republic has is that they serve so long the politicians that got them the job are gone after a short while.

2. The Supreme Court handles Constitutional law so it is inherently political.

3. Yeah, in that judges are either elected or appointed, depending on which ones you’re talking about, and people will go for ones whose interpretations of the law will match as closely as possible with their desired outcomes.

4. They’re politicized because they’re appointed under a partisan government, and usually chosen because the president assumes they have the same philosophy. But if you think Kagan and Sotomayor, let alone Gorsuch and Alito, have identical political opinions you’re not paying enough attention.

5. The Federalist Society pretty much made our judicial branch super political. Mainly because the organization evaluated potential judges on their standards and give out a recommendation list to politicians. The recommendation list basically became a litmus test for Judge prospects on how friendly they were to Conservative causes. This effectively removed the separation between powers.