United States Supreme Court: Composition, Judicial Approaches, and Key Controversies
The Current Judges Serving in the US Supreme Court
The United States Supreme Court currently has nine judges. The Chief Justice is John G. Roberts, Jr., who has served in this position since 2005 (“Current Members”). The court currently has six judges who previously worked for or supported the Republican Party, which makes it the most represented political affiliation (Quinn). However, their political views are not directly related to their view of the Constitution. The court uses judicial review to examine existing laws and policies, and the two approaches to reading the Constitution determine the judges’ decisions.
Brett Kavanaugh as a Supreme Court Judge
One of the judges appointed recently is Brett Kavanaugh, a former member of the presidential administration. Judge Kavanaugh’s figure is fascinating, as it is connected to a major controversy that continues to engage debates about his role in the government. In previous years, he was accused of sexual assault by several women, and this case still raises questions among journalists and activists (Kirchgaessner). The investigation results by the FBI have not been released fully, which creates a potential dilemma about Judge Kavanaugh continuing to make decisions that affect the entire country.
Judicial Review: Activist vs. Strict-Constructionist/Judicial Restraint Approaches
Judges in the Supreme Court look at national issues through judicial review. The Supreme Court can overturn laws and actions by other courts or government officials based on their misalignment with the Constitution. However, as many issues are not covered in the document, two main approaches have developed: strict constructionist and activist.
Strict constructivists interpret the text of the Constitution as legally binding, claiming that the exact wording should be followed. In contrast, activists focus on the meaning behind the phrasing and aim to uphold the main principles of the Constitution. For example, when reviewing the death penalty, a judicial restraint approach may lead one to rule for it, as the Constitution only forbids deprivation of life without a proper judicial process (Adorjan 167). An activist judge may appeal to the value of human life and vote against capital punishment.
National Issue the US Supreme Court Needs to Review
A significant national debate the Supreme Court needs to review is climate change. Recently, the judges voted against the Environmental Protection Agency’s strict regulation of gas emissions (Quinn). This decision could prevent manufacturers and businesses from following globally established guidelines to combat pollution. The Supreme Court must look at the outcomes of climate change in several countries and the impact of American companies on the world.
Works Cited
Adorjan, Michael. “Social Constructionism Now More Than Ever: Following the Hermeneutic Money Trail in a Post-Truth World.” The American Sociologist, vol. 50, no. 2, 2019, pp. 160-174.
“Current Members.” Supreme Court of the United States. Web.
Kirchgaessner, Stephanie. “Revealed: Senate Investigation into Brett Kavanaugh Assault Claims Contained Serious Omissions.” The Guardian, 2023. Web.
Quinn, Melissa, and Li Cohen. “Supreme Court Limits EPA’s Authority to Regulate Power Plants’ Greenhouse Gas Emissions.” CBS News. 2022. Web.