ü  Examine cases according to the constitution, law, etc rather than having a political motive

ü  Many cases are decided by legal considerations

ü  Justices many rule against their own preferences e.g. Texas V Johnson (1989) – supporting the right to burn the flag as part of freedom of speech. While justice Kennedy went with the common opinion going against their personal opinion

Why is the nomination process not political?

û  Hasn’t been as political as it has been now

ü  Appointments process work in a non-political/partisan way

·         ABA recommendations – gives rating to…


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