Monday, September 16, 2019

The Role of Public Opinion on Supreme Court Decisions

During Mr. Stewart's class today, specifically while he was going over the slideshow titled "Overview of Chapter 9," we discussed the different philosophies and factors that may affect Supreme Court decisions: one of these factors is public opinion.  Some people believe that the Supreme Court is rather sheltered from public opinion and that although public opinion may have an effect on the Supreme Court occasionally, most Supreme Court decisions are based on the justices' uninfluenced opinions.  On the other hand, some people think that the Supreme Court is constantly influenced by public opinion and that almost no Supreme Court decisions are decided based on the justices' uninfluenced opinions.  I believe in the latter opinion.  This is because of all of the opportunity for influence in the form of oral arguments and the people who can become amici curiae.  In oral arguments, lawyers can bring up how the public would react to certain decisions, which means that even if the justices try not to be influenced by public opinion, they could still be influenced subconsciously by lawyers speaking about public opinion and public reaction to Supreme Court decisions.  Furthermore, the fact that amici curiae can make arguments on behalf of the petitioner or the respondent reveals that interest groups can make arguments in the Supreme Court as amici curiae.  As a result, the justices can be influenced by public opinion through listening to interest groups' opinions since these interest groups supposedly represent the public's opinion.  Thus, the Supreme Court cannot be separated from the public's opinion and in almost every single one of its decisions, it will be influenced by public opinion.

1 comment:

  1. This is a very interesting point. I think it is important to consider the fact that public opinion plays such a large part in American government. In the case of the Supreme Court, my opinion is that the Supreme Court certainly pays less attention to public opinion than the other branches of government.

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