The United States Supreme Court is the highest federal court in the United States. Established under Article Three of the United States Constitution in 1789, it has the highest (and most) jurisdiction of appeals against all federal and state court cases involving federal law issues plus original jurisdiction over a small number of cases. In the legal system of the United States, the Supreme Court is generally the final interpreter of federal law including the United States Constitution, but can act only in the context of cases where it has jurisdiction. Courts can decide cases of political nuance but lack the power to decide unjust political issues, and their enforcement arm is in the executive branch rather than the judicial government.
As established by the Justice Act of 1869, the Court normally consists of the US Supreme Court and eight associate judges nominated by the president and confirmed by the Senate. The judges based their decision on their interpretation of both legal doctrine and the application of the law in the past. In most cases, interpreting the law is relatively clear and the judge decides unanimously. However, in more complicated or controversial cases, Courts are often divided.
In modern discourse, Court judges are often categorized as having a conservative, moderate, or liberal legal philosophy of law and interpretation. It has long been assumed that the voice of justice reflects the philosophy of its legal decision-making as well as its ideological tendencies, personal attitudes, values, political philosophy, or policy preferences. More and more academic research has confirmed this understanding, because experts have found that judges are very vocal with the values ​​they feel. Analysts have used various methods to deduce the specific perspectives of each justice over time.
Video Ideological leanings of United States Supreme Court justices
Ideological tendencies over time
Researchers have carefully analyzed the rulings of the Supreme Court of Justice - written voices and opinions of judges - as well as their upbringing, their political party affiliations, their speeches, editorials written about them at the time of confirmation of their Senate, and the political climate in which they were appointed , confirmed, and worked. From this data, scholars have concluded the ideological tendencies of each justice and how judges tend to vote on future cases.
Using the statistical analysis of the Supreme Court's voice, experts found that the alleged value representing Judge's ideological preferences on a simple conservative-liberal scale was enough to predict a large number of votes of justice. Furthermore, using increasingly sophisticated statistical analysis, researchers have found that many judge's policy preferences change over time. The ideological tendencies of judges (and deviations over time) can be seen clearly in the research results of two sets of scholars using a somewhat different model:
Andrew D. Martin and Kevin M. Quinn have used the Markov method of the Monte Carlo chain to conform to the Bayesian measurement model of ideal points (policy preferences on a one dimensional scale) to all judges by vote in each case of the Supreme Court contested since 1937. below shows the results of their analysis: the ideological tendency of any justice since early October 1937 with terms beginning in October 2016. Note that the scale and the zero point are arbitrary - only the relative distance of the line is important. Each unique color represents the seat of a particular Supreme Court, which makes the transition from retired judge to newly appointed judge easier to follow. The black lines represent the tendency of the Chief Judge. The yellow line represents the approximate location of median justice - which, according to Duncan Black's median theorem, is often a swing option in a divided decision.
Michael A. Bailey uses Markov chains of slightly different Monte Carlo Bayesian methods to determine ideological tendencies and make different scale assumptions significantly. He analyzed cases based on the calendar year and completed the voting data in each Court case with additional information of the majority, agree, and dissent in which the judge commented on previous cases, as well as with a vote made by members of Congress on similar laws, amicus filings by Public Defenders and members of Congress, and positions of presidents and Congress on Court cases. This additional information gives him a richer set of data and also allows him to deduce more consistent preference values ​​with the DW-Nominasikan General Space scores used to evaluate the ideological tendencies of members of Congress and the President. However, he only uses voices and cases related to the main topics handled by courts in postwar areas: crime, civil rights, freedom of speech, religion, abortion, and privacy. He did not include federalism or economic problems.
The chart below shows the ideological tendency of any justice in the calendar year from 1950 to 2011. The scale and zero point roughly correspond to the DW-Nominate General Space score, but otherwise are arbitrary. As in the graph above, each unique color represents the seat of a particular Supreme Court. The black lines represent the tendency of the Chief Judge. The yellow line represents median justice.
These two graphs are different due to the choice of data source, data coverage, complex case coding, parameter alignment, and statistical methods. Each line in this graph also has a wide range of uncertainties. Since this analysis is based on statistics and probabilities, it is important not to over-interpret the results. Also, the nature of the cases elected by the Supreme Court may cause the judges to appear more liberal or conservative than if they heard a series of different cases. And all cases are valued equally though, obviously, some cases are far more important than others. However, they offer an indication of the overall ideological orientation of the judges and provide visualization of changes in the Court's orientation over time.
Maps Ideological leanings of United States Supreme Court justices
Ideological shift since 1937
In the early 1930s (earlier than data on the Martin-Quinn chart), "Four Horsemen" (Judges James McReynolds, Pierce Butler, George Sutherland, and Willis Van Devanter) mostly opposed the New Deal agenda proposed by President Franklin D. Roosevelt. The liberal "Three Musketeers" (Judges Harlan Stone, Benjamin Cardozo, and Louis Brandeis) generally support the New Deal. Two Supreme Court justices (Supreme Court Justice Charles Evans Hughes and Judge Owen Roberts) usually give a swing vote.
As Martin-Quinn's graph shows, in 1939 Roosevelt had transferred the Court to a more liberal position by appointing four new judges including powerful liberals, Hugo Black, William O. Douglas, and Frank Murphy. However, led by Harlan Stone's increasingly conservative Chief Justice and Fred Vinson, the Court shifted in a more conservative direction until the early 1950s.
President Dwight Eisenhower appointed Earl Warren to be Supreme Court Justice in 1953, and both charts show that the Court then changed to a more liberal direction when Warren grew much more liberally and especially when he joined the powerful liberal judges William Brennan, Arthur Goldberg, Abe Fortas, and Thurgood Marshall (though Judge Black and Felix Frankfurter become more conservative over time).
In the 1970s, the Court shifted in a more conservative direction when President Richard Nixon appointed Supreme Court Judge Warren Burger and conservative powerful judges Lewis Powell, William Rehnquist, and Harry Blackmun, and more so when President Ronald Reagan appointed Rehnquist to Supreme Court Justice (though Blackmun becomes more liberal from time to time). Courts shifted in a more conservative direction when joined by powerful conservative Supreme Judges Antonin Scalia (appointed by President Ronald Reagan), Clarence Thomas (appointed by President George HW Bush), and Samuel Alito and Supreme Court Justice John Roberts (both of whom are designated by President George W. Bush). During this time, Judge David Souter became more liberal from time to time.
Both charts show that Roberts Court is presently conservative, with four conservative judges (including Justice Roberts, though he has become more liberal) and the median position held by Justice Anthony Kennedy (appointed by President Ronald Reagan), which also becomes more liberal. So far, Justice Gorsuch (appointed by President Trump) follows a conservative path taken by Justice Scalia. Dissenting in many key cases is Duke Sotomayor and Kagan (appointed by President Obama) along with Justice Ginsburg, who continues to be more liberal, and Justice Breyer (both appointed by President Clinton).
The most volatile seats appeared to be the Seat 10 (light blue line) held by the conservative Pierce Butler until 1939, then Frank Murphy's liberal until 1949, then the moderate-conservative Tom Clark until 1967, then the powerful liberal Thurgood Marshall until 1991, and then a strong and conservative Clarence Thomas. Justice Path Harry Blackmun illustrates the ideological shift shown by many judges. The Blackmun (purple line) had a conservative score (Quinn-Martin = 1.767; Bailey = 0.43) in 1970, the first on the bench, but had shifted to a liberal score (Quinn-Martin = -1.943; Bailey = -0, 81) in 1993, the last. The median trial was Byron White for most of the time from 1970 to 1993, Sandra Day O'Connor from 1994 to 2005, and Anthony Kennedy since 2006.
Career "liberal" voting percentage by issue area from 1946-2017
The following sortable tables include the "liberal" lifetime percentage of a number of judges collected in the Supreme Court Database. This table shows data for judges whose services started on or after 1946; data ends with terms 2016-2017.
The term "liberal" in the Supreme Court Database represents the direction of judges' voting in various issues. This is most appropriate in the areas of criminal procedure, civil rights, and First Amendment cases, where it signifies the pro-defendant's voice in cases of criminal, pro-women or minority procedures in civil rights cases , and pro-individuals against the government in the First Amendment Case. But in cases of clauses, the pro-government/anti-owner vote is considered liberal. The use of this term may be less precise in the case of unions, where it represents a pro-union vote against people and government, and in economic cases, where it represents a pro-government voice against challenges to federal and pro- competition, anti-business, pro-duty, wounded people, and pro-bankruptcy decisions. In federalism and federal taxation cases, this term indicates the position of the pro-national government.
- # (Justice Number) = Message that the Supreme Court Justices is designated
- Justice = Name of Justice
- Year Confirmed = Year Confirmed to Supreme Court
- Position = Chief Judge or Associate Judge
- Criminal Procedures = A higher number means the pro-defendant's vote in cases involving the rights of the person accused of a crime, except for the right of legal proceedings of the detainee.
- Civil Rights = Higher numbers mean more votes allowing intervention in First Amendment freedom cases related to racial classification (including Native Americans), age, imbalance, vote, residence, military, or disabled status, gender, or alienage.
- First Amendment = Higher numbers reflect sounds that support individual freedom associated with speech.
- Union = Higher numbers mean pro-union votes in cases involving work activities.
- Economy = Higher numbers mean more votes for commercial business activities, plus litigation involving injured persons or objects, employer-related employment, zoning regulations, and government regulation of corruption other than that which involves campaign spending.
- Federalism = Higher numbers mean a vote for a larger and more powerful government in conflict between federal and state governments, excluding state and federal courts, and which involve priority fiscal claims federal.
- Federal tax = Higher numbers mean more votes widen the government's ability to define and enforce tax concepts and policies in cases involving the Internal Revenue Code and related sculpture.
The highlighted line indicates that the Judge is currently serving at the Court.
See also
- United States Supreme Court
- Segal-Cover Score
- Judicial policy
- Judicial activism
- Legal restraints
Note
Source of the article : Wikipedia
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