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The Myth of the Nonpartisan Supreme Court

The+front+of+the+United+States+Supreme+Court+building

By: Nicholas Scotchie, Opinion Reporter

    The confirmation of Judge Brett Kavanaugh has been called one of the most partisan and hideous trials in the history of the court, with many yearning for the good old days when then Supreme Court was a beacon of pragmatism and non-partisanism.

    However, when one looks back at the history of the court, the idea that it was once a symbol of sides working together falls apart. The truth of the matter is the Supreme Court has been a tool of political factions to forward their agenda for a while.

    When our governing system under the Constitution began, the judiciary was supposed to be the weakest branch of the federal government. However, as political parties organized, the judiciary began to be used as a weapon. That was the purpose of the Judiciary Act of 1801, adding more courts for the Federalists (a political party) to fill up. The following Marbury v. Madison decision, handed down by the Federalist Chief Justice John Marshall, “discovered” the power of judicial review, the ability to say what was constitutional.

    Ever since the Supreme Court has been used to forward a political agenda, that is why every confirmation has become more partisan, the Supreme Court by it’s nature is a partisan and political institution.

    

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