In this article, the author argues that Republicans are "aggressively bypass[ing] the appeals process to get issues before the conservative Supreme Court." Examples of this include rulings on DACA, climate change, police brutality, and the possible addition of a question about citizenship status on the 2020 Census. In some cases, Republican appeals to the Supreme Court have been useful; the court has put a hold on the deposition of the Commerce Secretary and prevented a lower court from obtaining documents concerning DACA. One lawyer who often appears before the Supreme Court said that the Republican party's actions are unprecedented. Jeff Sessions argues that this is a good change, and that the judiciary had been encroaching into executive power by ruling on these issues (a strange argument). Meanwhile, liberal judges argue that Republicans using the court in this way has overly-politicized the Supreme Court and actually encroaches on the judiciary's ability to check the executive. This reminded me of the Federalist Papers, and the argument that the Supreme Court must remain separate from the other two branches in order not be overrun. Are the republicans' actions really a large shift away from the traditional appellate process? To what extent can Republicans actually push through cases or get the Supreme Court to intervene in lower court processes?
https://www.washingtonpost.com/politics/courts_law/trump-officials-aggressively-bypass-appeals-process-to-get-issues-before-conservative-supreme-court/2018/10/23/ce38b9da-d612-11e8-83a2-d1c3da28d6b6_story.html?utm_term=.be8242661f74
This blog serves the honors section of our introductory course on American politics (Claremont McKenna College Government 20) for the fall of 2025.
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During the semester, I shall post course material and students will comment on it. Students are also free to comment on any aspect of American politics, either current or historical. There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges. This blog is on the open Internet, so post nothing that you would not want a potential employer to see. Syllabus: http://gov20h.blogspot.com/2023/08/draft-introduction-to-american-politics.html
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