3.7 Judicial Drift Measured

Supreme Court Justices Get More Liberal As They Get Older

1. What does the Martin-Quinn score attempt to measure?

It attempts to illustrate the tendency of justices to become more liberal as they age through using the justices' votes to quantify their position on the left-right spectrum. 

2. What trend do you notice as justices serve on the Supreme Court for many years?

They became more liberal, with the larger change from justices nominated by Republicans. 

3. How does the Greenhouse Effect theory try to explain this phenomenon?
The name is referring to former New York Times Supreme Court correspondent Linda Greenhouse. Justices are under the pressure of not being as conservative as they would have to avoid the wrath of Greenhouse and the Times.

4. How does the Cocktail Party theory try to explain this?
This theory postulates that justices want to fit in and be perceived as reasonable and moderate.

5. How might the historical reputation of a justice affect their decision making?
History does not portray conservative justices in a positive light, while liberal opinions are celebrated. Justices avoid being too conservative to not be remembered in infamy.

6. Why have conservatives been disappointed so far by Chief Justice John Roberts?
He sided with the left and passed the Affordable Care Act, which many Republicans despise.

7. Of all the theories for why this occurs, which do you think is most realistic?  Why?
I think that time and experience slowly mold the opinions of the justices and change once ultra-conservatives to become more moderate and left-ward. I don't believe that the New York Times has such a weighty influence on justices that they would consistently lean toward the left, nor do I think the justices have so much foresight as to worry about how future generations will think of them even when they are dead. What impacts one's perspectives are personal experiences. 

3.6 Introducing Neil

"Neil Gorsuch, Donald Trump's Supreme Court nominee, explained"

1. Where is Neil Gorsuch currently working?

He is a respected jurist by conservatives and liberals alike, currently working as the judge of the 10th Circuit.

2. Why are Democrats likely to attempt to fight this nomination?

They want to do what the Republicans did to Obama's failed nominee, Merrick Garland, which is to filibuster. 

3. How are people predicting the way he might rule on abortion cases that reach the court?

He would strongly oppose abortion at any stage because "human life is fundamentally and inherently valuable and the intentional taking of human life by private persons is always wrong." 

4. How would you describe his views on religious freedom?

He seems somewhat fair in his respect for religious freedom, calling for broad deference to religious groups, not limited to Christians, of their beliefs despite potential inconsistencies or unscientific aspects. However, his definition of religious freedom borders offensive as he supports broad religious expression in public spaces. 

5. What opinions about the role of judges does he share with former justice Scalia?

Like Scalia, Gorsuch strongly sticks to judicial restraint and strict interpretation of the Constitution, sharply separating judges from legislators. 

6. What percentage of all federal court cases end up being decided by a split SCOTUS?

Only 0.014%  

7. What does that tell you about the vast majority of federal court cases?

The Supreme Court prefers to judge matters that aren't so controversial. 

8. Why do people think that Gorsuch will have an important role in swaying "swing vote" Anthony Kennedy on so many issues?

Gorsuch has clerked for Kennedy and may be able to influence him. 

3.5 Court Stuff

"Hilary Clinton will likely have a unique chance to remake the federal judiciary"

1. Describe the way most judicial branch nominations went down in Obama's first term.

He filled judicial vacancies with Democratic Party appointees, but the vetting process was very slow and nitpicky. 

2. How did Senate Democrats change the rules for nominations in Obama's second term?

Harry Reid and Senate Democrats deployed "nuclear option" which means using a majority vote to change the rules such as to prevent filibustering of judicial nominees to ease spurts of confirmation. 

3. How did Senate Republicans respond when they gained control of the Senate in 2014?

They shut down confirmations altogether in response to nuclear call. 

4. How many vacancies are there in the District Court level?

Vacancies have doubled to 72 since the 2014 midterms. 

5. How will the Senate Republicans' gamble pay off significantly now that Trump is the president?

The Republicans now have a chance to fill the vacancies with those who are more likely to further the Republican agenda. 

"An emergency court hearing has been called to challenge Trump's executive order"

6. When is the hearing on Trump's travel ban Executive Order?

7:30 pm this Saturday, 2/4/17

7. What type of court would this be since it's the first time hearing the case?

A district court. 

8. Who are the plaintiffs?

Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi who had worked with the US military in Iraq. 

9. How is the lawsuit going to try to turn this into a "class action"? (You definitely remember what a class action lawsuit is, right?)

If these two men win the court's decision that the executive order/ban is unlawful, then the same protections can be expanded to other immigrants and refugees detained in airports around the country.