So far in my twenty years, five out of the current eight Supreme Court justices have been appointed. I have lived through some of the most influential judicial appointments in history. Go me. Although I only have twenty years under my belt, it still amazes me that people are just now complaining about the court being used as a political tool. As if just this winter, with the passing of Antonin Scalia and the ensuing controversy, the Court has magically become political.
As if for the last century or more, presidents have not chosen Supreme Court justices that will swing the court liberal or conservative. Now you may say "the Supreme Court is above politics! It is an impartial institution that helps decide what lower courts cannot!" That's fine. Just remove the impartial part and the part about "above politics".
Is it just a coincidence that all four members of the liberal wing of the Court were appointed by Bill Clinton or Barack Obama? Or that the four members of the conservative wing were all appointed by George Bush Sr. or Junior? How about the fact that we even have conservative and liberal wings whom always vote according to those principles? Except for Justice Kennedy.
My guess is Dubya still has nightmares about that appointment. Although every judge is eminently qualified to sit on the bench and must go through a confirmation process, there is no question which way they lean. It is the reason why Joe Biden did not want Bush to be able to fill a vacancy in 1992 and why Republicans will not even give the current nominee Merrick Garland the time of day, let alone an up or down vote.
The Supreme Court can fundamentally alter the direction of the United States as it has with abortion (Roe v. Wade 1973), health care (King v. Burwell 2015), LGBTAQ+ rights (Obergfell v. Hodges 2015) to name a few recent cases. It is no secret which way a Justice will lean. One needs to only look at their past voting records in the lower courts.
I do not think it is my place to say whether the Republicans blocking of Merrick Garland is right or wrong. Plenty of people with far better credentials than a twenty-year-old college student have spoken on it extensively. All I am saying is that saying the court has just now become political is naive and dangerous. It erases history and, in my humble opinion, gives too much credit to the supposedly nonpartisan nature of our country's highest judicial institution. We must look at this situation honestly and without rose colored glasses.
The Supreme Court of the United States has always been a political tool. The difference now is that Congressional Republicans have chosen to make that fact very public instead of pretending it is not so. If we are to have an honest discussion moving forward, we must be honest with ourselves. The next Justice appointed to the Court will swing American History, to the left or to the right, for better or worse.
