Will partisanship poison the Supreme Court?

In the aftermath of Justice Brett Kavanaugh’s confirmation, many questions are being posed. How will such a conservative judge affect the balance and integrity of the highest court in the land? How should the media cover events like this? Should the mistakes someone makes as a teenager follow them throughout their life? The writers of The Samohi tried to pose answers to those sizable questions.On Oct. 6, 2018, Supreme Court Justice Brett Kavanaugh was confirmed to the court by a 50-48 vote majority in the United States Senate. For many, it is a concern that given Kavanaugh’s record of Republican ideology and allegations of sexual assault against him, the justice will rule in women's rights cases, as well as cases regarding gun rights, through an overly partisan lense. One example of a Supreme Court decision at risk is Roe V. Wade. Roe V. Wade was a decision issued in 1973 allowing women to receive legal abortions. The Roe party, represented by a woman from Texas who was referred to by the pseudonym Jane Roe, argued in favor of a woman’s right to choose to procure an abortion, while Wade, represented by the Texas District Attorney, made statements against legal abortion. Conservative justices have expressed sincere opposition to legalized abortion and therefore pose a threat to the reproductive rights of women and girls throughout the country. Judge Kavanaugh, for example, has categorized Roe V. Wade as settled precedent. Such a categorization implies that with concrete ideological evidence to support overturning a decision, Kavanaugh would be keen on revisiting a precedent. Accordingly, Kavanaugh’s dissent in the Garza V. Hargan case, which came before the Federal Appeals Court for the District of Columbia Circuit, is also indicative of his stance on abortion rights. This was the case of a female immigrant who was forbidden from obtaining an abortion by the United States Government. Of three judges on the panel, Kavanaugh was the only judge to decide that immigrants were not entitled to request an abortion.  Amy Bisson, an AP Government and US history teacher at Samo, discussed how partisanship will likely shape the Supreme Court in future years and how it may affect the Roe V. Wade decision.“I think in the future, from what I have read, we will probably not see too much partisanship this year, but next year. There is always the rule of four, if you can get four of them to want to look at more conservative issues. In which case, then you will probably see a bigger difference in years to come. I don’t know whether or not [Roe V. Wade] will be overturned, but I think state laws that have been interpreted to place an undue burden on females are likely to be interpreted with much more leniency,” Bisson said. Another issue of concern in the wake of Kavanaugh’s confirmation to the Supreme Court is the issue of American citizens owning dangerous firearms. Many American citizens would agree that ownership of guns intended for hunting and in rare cases, self-defense, is permissible and a reasonable personal choice.  However, Americans are divided regarding the entitlement of civilians to possess lethal, militaristic weapons which some view as intended for mass violence. This divide has legal significance within varying interpretations of the Second Amendment of the United States Constitution. Kavanaugh, in keeping with Republican ideals on the issue, has shunned the debate over gun violence as well as its victims. For instance, in a case known as “Heller ll,” which came before US Court of Appeals for the District of Columbia, Kavanaugh strayed from the views of the other two judges serving on the court. The judge decided since semiautomatic weapons were not historically prohibited by law, DC laws banning the possession of these rifles was unconstitutional. Thereby, Justice Kavanaugh shares a Republican bent of ardent support of the Second Amendment and a desire to restrict modern gun ownership limitations.  Gun ownership has been fiercely debated at Samo in the wake of an increase in school shootings and the “March For Our Lives” Campaign. Many Samo students see these shootings as threatening their school’s safe haven and do not deserve to come to school with such concerns. The Supreme Court is an empowered institution not to be swayed by political ideals. Unfortunately, the conservative judges on the Supreme Court now possess the power and intention to overturn or at the very least, lessen, protections for issues such as the Roe V. Wade decision and gun ownership restrictions. A Republican majority on the Supreme Court will have lasting effects on Samo students and the society in which they live for decades to come.