The Supreme Court as a Political Entity

While I accept that theoretically a judge should not consider extralegal factors when making a ruling, I cannot accept your premise that all judges rule as neutral arbiters who rely solely on precedent, Constitutional text, and original intent of the Framers. As with any other individual in public service, judges are still human beings, and thus bring with them their own prejudices, personal biases, and preconceived notions when taking the bench.

This is not to say that they do not have the intent to try to rule neutrally, or that the oath of office taken is cast by the wayside like refuse. Rather, I purport that the very process under which they have risen to be considered for the bench is a political one, and indeed makes them a part of the political game outside which you consider them.

I will concede that you are correct in part, at least on some level. It is obvious that the Court, as conceived by the Framers, is designed to be separate from the vagaries of regular political office. For example, in Article I of the Constitution, the Senate and the House of Representatives are subject to proscribed terms and limitations. In Article II, the President is subject to even more stringent restrictions and a limited term as well. Article III, however, states that judges are to “hold their Offices during good Behavior,” and therefore are not elected by popular vote.

Similarly, this process is believed to remove the pressures of influence groups that the President, Representatives, and Senators face: since judges are not elected officials but are appointed, they will face less lobbying from interest groups and their decisions are less likely to be colored by outside influences.

In addition, the Constitution gives only narrow jurisdiction to the Court, limiting it to mostly appellate jurisdiction. This means it must wait until a lower court has ruled on a case before the Court can hear a case outside of its original jurisdiction of “cases affecting