“A political, not a judicial, institution. » Discuss this view of the Supreme Court. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay The judiciary is an independent body of the federal government and therefore should remain free from political influence, even if it remains rather political in nature. The court makes decisions on legislation, it can be influenced by the ideological beliefs of the judges, the Supreme Court nomination process is conducted by politicians and their decisions can be influenced by public opinion, which can lead to the people to consider them to be a political institution. However, the court's judges are unable to make decisions based on their own beliefs, the court is constrained by precedent, and many of its cases boil down to legal technicalities. The Supreme Court cannot therefore be considered political to the extent that its work is judicial. practical. Because of the Supreme Court's judicial oversight of state and federal government policy, the Court can be viewed as legislating from the bench, which is political. Judicial review is a power the court granted itself in the 1803 Marbury v. Madison case, it allows them to rule on the constitutionality of the federal government's action. In Citizens United v. FEC, the Supreme Court struck down the Bipartisan Campaign Reform Act introduced to restrict campaign financing because it considered it a violation of corporate free speech rights arising from of the first amendment. This decision was landmark because it not only meant that donations were now considered an expression of free speech, but it also changed the way corporations were viewed by protecting them through the Bill of Rights in the same way that American citizens. This limits the legislation that the legislature can introduce in the future regarding campaign finance and can therefore be considered to have legislated from the bench, which is political rather than judicial. Furthermore, active judicial decisions of the Supreme Court expressed the ideological views of the court members. that influence their decisions, this reflects the behavior of politicians. The Roberts Courts, 4 liberal members and swing Justice Kennedy, have together issued judicially active decisions, such as the 2015 case Obergefell v. Hodges. In that case, the Court ruled that same-sex marriage was a constitutional right guaranteed in the equal protection clause of the 14th century. amendment, the decision overturned an earlier court decision in Baker v. Nelson (1971) who classified same-sex marriage as unconstitutional. The Oberfell decision overturned judicial precedent in an attempt to create desirable social change that is legally active in nature and therefore the division of the court in this case shows that the decision had an ideological basis making it political. Judicial justice is exercised by politicians and is therefore influenced by political ideas. In 2016, Merrick Garland was nominated by Obama to the Supreme Court, although he was considered qualified by the ABA, the Senate refused to hear his nomination. Due to his qualification, we can consider that the reason for his appointment is political and not judicial. This was also the case for Gorsuch's nomination in 2017, as the Senate vote was split 52-48, directly along party lines. The response was not due to..