26 Dec 2022

60

The U.S. Supreme Court

Format: APA

Academic level: College

Paper type: Research Paper

Words: 908

Pages: 3

Downloads: 0

Despite facing sexual assault allegations, lawmakers confirmed Brett Kavanaugh to the Supreme Court. The confirmation mirrors the powerlessness of the Supreme Court as the entire system is not only divided but has allowed powerful billionaires to take charge and influence every decision that matters to Americans. Before the confirmation as confirmed by the News published by Brian Schwartz (2019), the Koch families were keen on the matter and had openly claimed that they were following the Judiciary Committee’s lead as it evaluates the allegations. Brett Kavanaugh's case is not the only case the Koch brothers have had an interest; the brothers have established themselves as financial donors to the Republican Party. They have a massive influence on the American political system. Based on the constitution, The United States Supreme Court should be a free agent for all citizens. However, the Koch brothers are compromising the free role of the Supreme Court, and this could mean a disaster for the legal system for Americans. The Koch brothers strongly link to the Supreme Court ruling on Citizens United, which allowed the citizens to spend money to support their leaders. The Koch Brothers were the big winners, and since then, they have splashed a lot of cash in support of different political activities from legislation to presidential elections. The Koch brothers are worth around $80 billion according to Forbes Magazine, the amount generated by their business and asserts they control in the country. However, the brothers need more than such wealth. Currently, they are providing funds to repeal the Supreme decision cases such as the Affordable care Act and Tea Party. The agenda is to do away with numerous pieces of legislation that protect the middle class, most vulnerable and the sick. Because of their big spending, the Koch brothers have a greater influence on the Supreme Court as mirrored by the decision to affirm Brett Kavanaugh despite the serious allegations. The Supreme Court is the highest court in the country. The Supreme Court is the hope for all Americans that depend on the legislation passed to make their lives better. It is the head of the judicial section of the government. The Supreme Court has numerous critical roles in the country. However, its essential central function is to interpret laws and make rulings on different cases from the lower courts and those that involve the government and citizens. Since its establishment under the Judiciary Act of 1789, the Supreme Court has had landmark rulings that have made the life of American better. The decision touching on abortion, slavery, human rights, healthcare, and the economy have been the fundamental pieces of legislation that have reshaped the life of a normal American citizen (Collins Jr et al., 2015). Due to Supreme Court rulings, millions of Americans are under medical insurance coverage and can walk down the streets without facing police brutality. The U.S President nominates the Supreme Court judges. However, the presidential nominee must pass through the Senate for confirmation according to Article II, Section 2, and Clause 2 of the United States Constitution. The process of confirmation thus is critical as it gives the senate a chance to review and question the presidential nominee. The situation, in this case, is a form of power balance where the President has a right to nominate but the senate can either affirm or reject the nominee based on their assessment and review of the presidential nominee (Yell & Bateman, 2017). Thus, the confirmation is critical as it ensures that the president does not abuse presidential power by nominating an individual based on other factors other than the requirements. Also, through confirmation, the public is convinced the nominee is authentic, competent, and serves the interest of the people and not the president of the senate. Note that the confirmation at the Senate is through voting where the majority votes count. It gives the public an impression that people confirm the nominee in a non-bais manner. A look at the current faces in the Supreme Court retells the mystery of the Republican Party hijacking the US legal system. Currently, the US Supreme Court has five judges from the Republican nomination with four from the Democrat's nomination. The fact that those judges nominated by either of the party normally reflect their ideologies is an excellent reason to bring a debate aiming to reshape the appointment of the judges and make the process less-free from politics. A good example is Trump versus Ruth Bader-Ginsburg. President Trump has labeled Ruth a "faker" because of her constant support to human rights and her liberal mind. The Supreme Court judges cannot have liberal minds and make non-bias decisions if the process of appointing them on the bench is politically-motivated. So far, Trump has nominated two controversial individuals on the Supreme Court Bench. The first nominee Neil Gorsuch was conservatism and was a staunch supporter of Republican ideologies. The second nominee is not only conservatism but also faced sexual assault allegations. BrettKavanaugh was confirmed despite such allegations because not only did he receive great support from the president, but also because he had backup from the Republican Party fund donors such as the Koch brothers. In the Supreme Court currently, it is a five against four game, and any legislation favoring the Republicans can win easily. Ruth Bader-Ginsburg has reportedly been ailing and has sorted all manner of medical attention. Besides, she is in her mid-80s which has brought speculation about her retirement. The Democrats and the country as a whole should hold their breath for her to make it to the next term with a new President. If not, the Supreme Court will be under Republican siege, and the Republican judges will never make a liberal decision at the Supreme Court. Trump will surely take advantage and nominate another partisan judge, and this will be a disaster. 

References 

Collins, Jr, P. M., Corley, P. C., &Hamner, J. (2015). The influence of amicus curiae briefs on US Supreme Court opinion content. Law & Society Review, 49 (4), 917-944. 

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Schwartz, B. (2019). Koch network standing by Brett Kavanaugh after sexual assault allegations. Retrieved 10 September 2019, from https://www.cnbc.com/2018/09/17/koch-network-stands-by-kavanaugh-after-sexual-assault-allegations.html 

Yell, M. L., & Bateman, D. F. (2017). Andrew F. v. Douglas County School District (2017) FAPE and the US Supreme Court. Teaching Exceptional Children, 50 (1), 7-15. 

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StudyBounty. (2023, September 15). The U.S. Supreme Court.
https://studybounty.com/the-us-supreme-court-research-paper

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