The Fight for the US Supreme Court and Its Political Ramifications
Impartiality is crucial to any judicial system, even more so when constitutional and supreme courts have to adjudicate conflicts between different state authorities, political actors, or certify election results in democratic polities. This impartiality has long been under siege in the United States Supreme Court, which has evolved to reflect the increasing polarization of American politics. Senate confirmation hearings of would-be Associate or Chief Justices are now the highest battleground of the culture wars between liberals and conservatives. The 9 Justices have become familiar faces to many average Americans, some reaching an almost hero-status among their respective supporters (the late Antonin Scalia and Ruth Bader Ginsburg easily come to mind). The recent passing of Bader Ginsburg and the subsequent vacancy on the Supreme Court, coupled with what is shaping out to be an unusual Presidential election that may well end up in the courts, has led many to draw uncomfortable parallels to the Bush v Gore debacle. Will the Court weather the storm and come out of it unscathed, avoiding a loss of credibility and legitimacy? And if the Court is forced to take a decision regarding the election, what will the best course of action for the future of judicial integrity be? The answers to these questions depend, like many others, on the results of the November 3rd election. More
