SCOTUS: Liberal or Conservative?

(Steve Petteway, Collection of the Supreme Court of the United States - Roberts Court (2010-) - The Oyez Project)

The Supreme Court of the United States (SCOTUS) has been the center of attention most recently.  This is because of its rulings that affect the lives of a substantial number of Americans currently and certainly, in the future.

First, was the Supreme Court ruling (6-3) that subsidies are legal, thus–allowing the IRS to issue subsidies on behalf of those who bought a healthcare plan through HealthcareCare.gov after the plaintiffs in King V. Burwell lost their challenge.

Second, was the decision (5-4) on Same Sex Marriage that allowed gay couples to get married legally anywhere nationwide.

Third, was the Supreme Court ruling (5-4) that made the Fair Housing Act effective by “allowing plaintiffs to challenge government or private policies that have discriminatory effect, without having to show evidence of intentional discrimination.”

Fourth, was the Supreme Court decision (7-2) refusing to consider letting states require evidence of citizenship when people register to vote for federal elections. The ruling rejected an appeal from Arizona and Kansas.

These Supreme Court rulings are considered victories for the Obama Administration and could affect the 2016 Presidential elections. The beneficiaries of these decisions favor the natural constituencies of the Democratic Party.

Does this mean that the current composition of the Supreme Court is becoming "liberal” in their views?

Tom Goldstein, an appellate advocate and best known as one of the nation’s most experienced Supreme Court practitioners, made an analysis of the cases decided by the Supreme Court during this Term.

Like me, he believes that numbers tell better stories. He identifies four Justices as sitting to the Court’s LEFT: Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. He considers four Justices as sitting to the Court’s RIGHT: Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito.  He treats Justice Anthony Kennedy as the Court’s “CENTER.”

Goldstein counted 26 cases this Term that were both close (5-4 or 6-3) and ideological. Of the 26, the LEFT prevailed in 19 while the RIGHT prevailed in 7.

He analyzes it further, “In the 26, a Justice on the LEFT voted with the RIGHT a total of 3 times.  In 2 cases, those votes determined the outcome and produced a more conservative result, because Justice Kennedy or one of the conservatives voted for the more liberal result.

In the 26, a Justice on the RIGHT voted with the LEFT 14 times.  In 6 cases, those votes determined the outcome and produced a more liberal result, because Justice Kennedy voted for the more conservative result.”

Of the 10 cases that Goldstein considers most significant, the LEFT prevailed in 8 while the RIGHT prevailed in 2.

“In the 10, no Justice on the LEFT voted with the RIGHT; the four Justices on the LEFT voted together in every one of those cases.  A Justice on the RIGHT voted with the LEFT 4 times.  Those votes determined the outcome in 2 cases, because Justice Kennedy voted for the more conservative result.”

Using this factual analysis of the famous Supreme Court practitioner, you would think that the highest tribunal is going “liberal”. The truth is, the close decisions where the “liberals” prevailed were decided with the help of Conservatives such as Chief Justice Roberts and Justice Kennedy. The former was a Bush appointee while President Reagan appointed Kennedy.

Unlike in other jurisdictions where Supreme Court Justices are mandated to retire at a certain age, the Justices in the United States are given lifetime tenure.  While each one may have been chosen for his or her credentials either as conservative or liberal, he or she is still expected to fulfill his or her duties with fairness and justice.