The Supreme Court of The United States has evolved over the years. It was originally supposed to cover constitutionality and interpreting the laws. But that has changed quite a bit now the SCOTUS rules over social issues and has taken a nose dive into the political thicket. This is not what they were intended to do as they are appointed for life and do not have to answer the people. The son of the late Justice Anthony Scalia commented on how he felt his father would feel over all of the controversy that has shrouded the SCOTUS recently with the Kavanaugh case.
“I’ve frequently been asked in the past few weeks what my father, the late Supreme Court Justice Antonin Scalia, would think about the contentious battle just waged over Judge Brett Kavanaugh’s nomination to the nation’s highest court.
Would he have been surprised by the heated debate, political maneuvers, protests, last-minute delays and uncorroborated allegations of sexual misconduct that we saw during now-Justice Kavanaugh’s confirmation process?
Although I don’t think my father (or anyone) could have predicted the twists and turns of the past several weeks, I don’t think he would have been shocked by the no-holds-barred fight over a Supreme Court vacancy, either. He long ago warned Americans about the excessive intrusion of politics into the judicial appointment process. And he explained that a large share of the blame belongs to the justices themselves.
My father believed that a major reason the judicial confirmation process has become so heated is that federal judges too often exceed the role envisioned by our nation’s founders and usurp the power of elected representatives.
Alexander Hamilton famously argued “that the judiciary is beyond comparison the weakest of the three departments of power” and that “the general liberty of the people can never be endangered from” the judicial branch.”
You could say this started a long time ago back with Baker v Carr. It was a case where the SCOTUS ruled to correct a social injustice. Technically they righted a wrong but it was something that should have been handled by the lower courts. It opened the door to cases that are more about social injustices than the constitutional law and their interpretations.
Because of that decision, a Supreme Court Justice has become more powerful and the court has become much more political.