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What Are The Supreme Court Trends

What Are The Supreme Court Trends

The Supreme Court of the United States is often seen as the final arbiter of legal disputes, with its decisions shaping law and policy for decades to come. One area where the Court’s decisions can be particularly influential is in the realm of trends. These are broader social and legal movements that can be influenced by the Court’s decisions, or in turn, shape the Court’s decisions. In this article, we will examine some of the trends that have emerged over time in the Supreme Court, looking at how the Court has addressed these trends and how they have shaped legal discourse and policy.

Civil Rights

One of the most significant trends in the Supreme Court has been the evolution of civil rights jurisprudence. From Brown v. Board of Education in 1954, which struck down the doctrine of “separate but equal,” to more recent decisions such as Obergefell v. Hodges, which legalized same-sex marriage, the Court has played a critical role in advancing the cause of civil rights in the United States. However, the Court’s decisions have also been criticized for sometimes being too conservative, and for failing to adequately protect the rights of minorities and marginalized groups.

Religious Freedom

Another important trend in the Supreme Court has been the development of jurisprudence related to religious freedom. This has been particularly relevant in recent years, as battles have played out in courts across the country over issues such as same-sex marriage and contraceptive coverage under the Affordable Care Act. The Court has been called upon to determine whether religious objections to such policies should be accommodated, or whether they should be seen as discriminatory. These cases have proven to be highly contentious, with the Court often split along ideological lines.

Political Polarization

Another trend in the Supreme Court is the increasing political polarization of its members. While the Court has always been comprised of justices with different political views, recent years have seen an intensification of partisanship among the Court’s members. This has led to splits over high-profile cases on issues such as voting rights and affirmative action, with the Court’s decisions often reflecting the political leanings of its members. This trend has raised concerns about the Court’s impartiality and its ability to serve as a neutral arbiter of legal disputes.

Conclusion

The Supreme Court plays a crucial role in shaping legal discourse and policy in the United States. As we have seen, the Court’s decisions can have a significant impact on social and legal trends, reflecting broader shifts in society and helping to shape those trends in turn. As such, it is important that we continue to engage with the Court’s decisions and to be aware of the trends that are emerging in its jurisprudence. Only by doing so can we ensure that the Court continues to play a constructive role in advancing the cause of justice and upholding the rule of law.

United States Supreme Court cases are officially considered to simply present judgments on the specific issues before the Court, and the Supreme Court as a section of the Government is, by its own action, excluded from the ability to set policy for the rest of the Government. That being said, numerous landmark Supreme Court cases can be found through United States history that have significantly affected the future course of the country.

The attention paid to the long-term implications of United States Supreme Court cases has insured that, over time, the Court has taken on an increasingly politicized tenor with a consequential increase in the difficulty of securing the approval of nominees submitted for the bench. The tenures of Supreme Court Chief Justices, in particular, are frequently measured along a right/left political spectrum, as may be determined by any landmark Supreme Court case that occurred during their time.

The Court of John Marshall first established the principle of the Court’s preeminence in determining the Constitutional validity of legislation, called in practice “judicial review.” This principle was set by the United States Supreme Court cases of Marbury v. Madison, on the Court’s power of Constitutional interpretation, and Martin v. Hunter’s Lessee, on the Court’s status over State Supreme Courts in this regard.

Marshall’s tenure, which lasted for thirty-four years, generally established the trend toward greater power being vested in the Supreme Court. The long-term effect of this trend was attested to by the following Courts, such as, firstly, the Taney Court. Among this era’s landmark Supreme Court cases, Dred Scott v. Stanford stood out in retrospect for finding against the rights of enslaved Americans and thereby contributing to the tensions which led to the Civil War. In other landmark Supreme Court cases of the Nineteenth Century, Lochner v. New York and Adair v. United States helped develop the concept of due process.

The overall trend in the United States Supreme Court cases heard for most of the 20th Century was inclined in the direction of expanded Federal power, often toward a liberal political program. This trend can be first identified in the landmark Supreme Court cases heard in the Franklin D. Roosevelt administration and immediately thereafter, during which the Chief Justices were inclined toward accommodating the New Deal programs passed to alleviate the effects of the Great Depression.

The United States Supreme Court cases of subsequent Chief Justices continued the same trend. The tenure of Chief Justice Warren, from 1953 to 1969, heard landmark Supreme Court cases, such as Brown v. Board of Education, Miranda v. Arizona, and Abington School District v. Schempp, pertaining to such controversial issues as school segregation, the rights of the accused, and school prayer, respectively. The United States Supreme Court cases heard during the Burger Court, from 1969
to 1986, demonstrated the same general liberalism. A woman’s right to abortion and the Government’s ability to enact affirmative action were among the issues decided by landmark Supreme Court cases under this Court.

The trend of the Supreme Court since then is generally perceived as being toward the right, at least in terms of the Chief Justices who have presided: William Rehnquist from 1986 to 2005, and John Roberts from 2005 to the present. The United States Supreme Court cases of the Rehnquist Court tended to place limits on the Federal power previously asserted. Among the landmark Supreme Court cases of the era, the Lawrence v.
Texas case acted toward interests generally perceived as liberal, disallowing the prohibition of homosexual acts. The United States Supreme Court cases heard by the Roberts Court have generally continued the Court’s rightward direction.