Evaluate The View That The Supreme Court Has Too Much Power. (30)

AGREE 1

Too much power due to its engagement in judicial activism, where rulings are influenced by justices’ personal or political views rather than the consitution

In recent years there has been a shift towards conservative judicial activism

Courts current 6-3 conservative-liberal split has lef to the court reinterpreting the constitution that align with conservative ideologies. For over 40 years the SC agreed that the 14^th amendment guaranteed right to abortion under right to priviacy however the conservative court overturned this in Dobbs v Jackson Women’s Health Organisation (2022)

DISAGREE 1

Judicial activism allows the Supreme court to protect rights that aren’t explicitly written in the constitution.

in Riley v. California (2014), the Supreme Court ruled that the warrantless search and seizure of digital contents from a cell phone during an arrest is unconstitutional this extended the fourth amendment protections to new technology in a way that the founders could not have anticipated.

AGREE 2

The supreme court is made up of 9 unelected judges who are unaccountable to the public, yet they have the power to shape laws and policies that impact millions of americans.

Citizens United v FEC the court ruled that the restrictions on political spending violated the 1^st amendment, allowing unlimited corporate spending in elections through super PACs.

DISAGREE 2

The independence of Supreme court justices is protected through the extensive appointment process that nominees undergo ensuring that justices have significant legal expertise.

Ketanji Brown Jackson has several legal experiences including serving as a federal public defender as well as a federal judge.

also have security of tenure

AGREE 3

Decisions are politically motivated as the courts decisions can be used to stop or protect a president’s agenda in a way that reflects the interests of the political balance of the court.

Trump v United States. The SC made a highly political decision by a ruling in a 6-3 majority (6 conservative – 3 liberal) that Trump was entitled to immunity from criminal prosecution for official acts carried out whilst he was president.

DISAGREE 3

Supreme court cannot legislate. They are restricted to reviewing and interpreting existing laws to ensure they align with the constitution.

Americans for prosperity v Bonta. the court ruled that the requirement for non-profits to give the state a list of major was unconstitutional under the 1^st amendment