Why Selecting a SCOTUS Is An Important Battle To Fight: 6 Examples


When the United States, was founded, our Founding Fathers, determined, and believed, there was a need, for a tri – partite, system of government, with a balance of power, between the Executive, Legislative, and Judicial branches of government. Perhaps, this is one of the reasons, there is so much attention, presently, being paid, to filling the vacancy, presently occurring on the United States Supreme Court. A Supreme Court Justice is appointed for life (or until he or she retires, voluntarily), and although, these individuals, ideally, should be fair and unbiased arbiters of the law, etc, it’s important to realize, each of them, is also human, and comes from specific life experiences, etc. The make – up, of the Court, often, significantly impacts, how Americans live, etc. Let’s review 6 examples of how the Supreme Court of the United States, or SCOTUS, makes a significant difference, either actually, or potentially.

1. “Hanging chad” – 2000 Presidential election: When the Presidential election of 2000, between George W. Bush, and Al Gore, was extremely close, both from a popular, as well as electoral vote, perspective, the disputed vote, in Florida, became a significant issue. The Gore campaign argued, many votes were, either mis – counted, or uncounted, and appealed to the highest court in the land. One issue was re – counting the ballots, and reviewing, what became known, as the Hanging chad, because the way votes, were performed, they needed to punch – out, a particular box, and some of these were hard to distinguish. The vote, by a 5 to 4 vote, decided in favor of President Bush, by delays, and reducing the recount period. It should be understood, at the time, there was the same margin, between so – called, Conservative and Progressive Justices.

2. Presidential powers/ limitations: With the retirement of a conservative judge (who sometimes was the so – called, swing – vote), the individual, selected, to replace him, will have a significant impact, on determining many cases. One issue, surely to be discussed, is the issue of Presidential powers and authority, and limitations, and since, President Trump, is currently, potentially involved in the Russian investigation, his appointing a specific individual, provides a possibility of certain conflicts of interest.

3. Free press: Freedom of the Press, is one of our Constitutional guarantees, yet the President, has often, implied (or inferred), his belief, in they are unfair, and fake news. However, independent political fact – checkers, have stated, it is Mr. Trump, who has lied, or made mis – statements, an average of over 6 times, per day. One could envision circumstances, where this becomes a matter, which the Court, must rule on.

4. Roe v Wade: Although, Roe v Wade has been the law, of the land, for many decades, we constantly hear arguments, between, those supporting, a Women’s Right to Choose, as opposed to the so – called, Right to Life. It is probable this issue, will once again, appear before the Supreme Court, and thus, who the next appointee is, and his preference, will be significant, for generations.

5. Civil Rights (including Gay Rights, etc): The rhetoric and vitriol, articulated by Donald Trump, has brought the level of racial tension, to a peak, we haven’t witnessed, in recent memory. The Court, will probably, have to rule on many items, we have taken for granted, such as the right to equal service, protections, etc.


6. Framing America’s future: Since this appointee, is appointed for life, and the present nominee is only 53, he could be, on the Court, for decades. Therefore, how this shapes the make – up, of the group, will, probably, frame America;s future!

Every America should pay keen attention to this situation, and carefully consider, why we must be vigilant, to protect all our American freedoms and liberties, not simply, our personal favorites! Wake up, America, before it’s too late!

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Richard Brody


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