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Advantages
- Judicial review allows for checks and balances of the executive and legislature
- Separation of powers, fixed salaries and security of tenure mean that Supreme Court is independent
- Judicial neutrality ensured by appointment process
- Role in reinterpreting the constitution allows for adaptability and flexibility of the political system
- John Roberts sometimes acts as swing justice (NFIB v Sebelius 2012)
- The SC is limited by the constitution, as all decisions must be in accordance to this
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Disadvantages
- Unelected Supreme Court has ability to overrule the elected bodies e.g. Citizens United v FEC (2010)
- President nominating justice and partisanship during the Senate hearings politicise the appointment process
- President nominates people with similar ideological leanings
- Can lead to judicial activism, which it may be argued undermines judicial neutrality and should not be allowed by an unelected body e.g. Obergefell v Hodges (2015)
- Role of media in appointment process politicises the process
- Current SC (2019) has more 'conservative' justices which may lead to ideological imbalance (Georgia 'heartbeat bill' may make its way to SC in order to overturn Roe v Wade (1974))
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