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Liberal rulings (APEX)

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Magali Herman

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Q: What types of ruling are likely to be issued by a Supreme Court composed of four liberal judges?
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More liberal rulings will be given in the future.


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What types of rulings are likely to be issued by a supreme court composed of four liberal judges two consecutive judges and three moderate judges?

Moderately liberal to liberalA majority decision of the full Court requires a minimum of five votes.Although not holding a majority of seats on the bench, the moderate justices would exercise considerable power as swing voters. Their position would tend to mitigate both extreme liberalism or excessive conservatism, as one or more of their votes would be required for a majority opinion supporting the liberal perspective. This would force the liberal justices to take a slightly more moderate position, since they would find that compromise preferable to a conservative majority opinion.A conservative decision would require the agreement of all three moderates, or a combination of moderates and liberals. On occasion, justices who are considered liberal will vote conservatively on select issues, as Justice Stevens did in his dissent of Texas v. Johnson, (1989), a flag desecration case. However, the conservatives would have to make more concessions than the liberals in order to achieve a majority, ensuring few decisions would be truly conservative.Most rulings would likely be center-left (moderately liberal to liberal).It is possible the decisions would gradually become more liberal, because many US Supreme Court justices' views shift from conservative or moderate to progressive over time. Another factor would include which justice or justices are the most persuasive speakers.


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Why is the appointment of supreme court judges so controversial in the upcoming election?

Federal judge selection for the District Court, Courts of Appeals and Supreme Court are controversial because they are appointed for life during good behavior and their salaries may not be reduced during their service. These courts are called Article 3 Courts, having been created under authority of Article 3 of the Constitution. Federal judges, especially on the Supreme Court and Court of Appeals, can have a great impact on the interpretation of our laws for many years. Conservative minded Presidents and Senators want conservative minded judges just as liberal minded Presidents and Senators want liberal-minded judges. So when a conservative judge is nominated for the court and a liberal Senate has to confirm, (and vice versa) there will be controversy. There are other federal courts referred to as Article 1 courts, whose judges do not have lifetime tenure.