The US Supreme Court: Role, Appointment and Judicial Philosophy
The Supreme Court is the head of the federal judiciary and consists of nine justices, nominated by the president and confirmed by the Senate, who then serve for life 'during good behaviour', removable only by impeachment.
Before you start
Make sure you're comfortable with these topics first:
Method
- Learn the appointment process precisely: nomination by the president, confirmation by a simple majority of the Senate (since the elimination of the filibuster for Supreme Court nominees in 2017), then lifetime tenure removable only by impeachment.
- Learn what judicial review is, that it is not stated explicitly in the Constitution's text, and that it was established by the Court's own ruling in Marbury v Madison (1803).
- Learn the difference between judicial restraint (deferring to the elected branches, interpreting the Constitution narrowly, associated with originalism) and judicial activism (a willingness to overturn laws or precedent to achieve a particular outcome, associated with a 'living constitution' approach), and be able to use both terms accurately.
- Learn two or three landmark cases with their outcome and significance, e.g. Brown v Board of Education (1954, ended legal segregation in schools), Obergefell v Hodges (2015, established a nationwide right to same-sex marriage), Dobbs v Jackson Women's Health Organization (2022, overturned Roe v Wade and returned abortion regulation to the states).
- For a question on whether the Court is 'too political', weigh the argument that the confirmation process and clear ideological voting patterns make it a political actor against the argument that lifetime tenure insulates justices from short-term political pressure once confirmed.
- Never invent a vote count or a justice's name if unsure; describe a case's outcome and significance accurately rather than guessing a specific detail.
Worked example
'The Supreme Court's power of judicial review makes it more of a political than a legal institution.' Evaluate this view.
- Define judicial review precisely: the power to strike down a law or executive action as unconstitutional, established by the Court itself in Marbury v Madison (1803) rather than written into the Constitution's text.
- Build the case for the Court being political: the nomination and confirmation process is openly partisan, justices are widely understood to lean towards the ideological outlook of the president who appointed them, and landmark rulings such as Dobbs v Jackson Women's Health Organization (2022) or Citizens United v FEC (2010) have had major, contested political consequences.
- Build the case for the Court remaining a legal institution: justices serve for life once confirmed, which is designed to insulate them from short-term political and electoral pressure, and rulings are grounded in legal reasoning and precedent (stare decisis), which constrains outcomes even when a case is politically salient.
- Add a qualifying point: even justices appointed by the same president do not always vote as a bloc, and the Court sometimes rules against the ideological expectation of its majority, which suggests legal reasoning still meaningfully constrains outcomes.
- Conclude with a supported judgement: the appointment process has become highly political and rulings often have clear political consequences, but the institution retains real legal constraints (precedent, lifetime tenure, reasoned opinions) that distinguish it from a purely political body, so the honest answer is one of degree rather than an absolute.
Practice questions
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Q1How many justices sit on the Supreme Court, and how is that number set?Show answer
Answer: Nine, and the number is set by an Act of Congress, not by the Constitution.
Q2What vote is needed in the Senate to confirm a Supreme Court nominee?Show answer
Answer: A simple majority.
Q3What is judicial review, and which case established it?Show answer
Answer: The power to declare a law or executive action unconstitutional; it was established in Marbury v Madison (1803).
Q4How long does a Supreme Court justice serve, and how can they be removed?Show answer
Answer: For life, 'during good behaviour', removable only by impeachment.
Q5Name one landmark Supreme Court case and state its outcome.Show answer
Answer: For example, Brown v Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional.
Q6What is the difference between judicial restraint and judicial activism?Show answer
Answer: Judicial restraint means deferring to the elected branches and interpreting the Constitution narrowly; judicial activism means the Court is more willing to overturn laws or established precedent to reach a particular outcome.
Q7Give one reason the appointment of Supreme Court justices has become politically contentious.Show answer
Answer: Because justices serve for life and their rulings can shape major policy areas for decades, so each vacancy is seen as a chance to shift the Court's ideological balance.
Exam-style questions
Written in the style of a A Level Politics exam paper, with a full mark scheme.
Explain and analyse three factors that have made the appointment of Supreme Court justices politically controversial.
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'The Supreme Court's power of judicial review makes it more of a political than a legal institution.' Evaluate this view.
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