Social and Behavioral Sciences Commons^™

What Senators Should Ask Brett Kavanaugh, Scott S. Boddery

Political Science Faculty Publications

At today’s confirmation hearing of Supreme Court nominee Brett Kavanaugh, senators are attempting to decipher how Kavanaugh will rule on certain issue areas should he be confirmed to the high court. Senators will undoubtedly demand answers to their questions that ask whether Judge Kavanaugh will vote to uphold certain past cases, such as Roe v. Wade or Citizens United, and they’ll want a “simple yes or no” answer. While this line of questioning will primarily originate from the left side of the aisle this time around, this tactic is routinely used by both parties when vetting Supreme Court nominees. …

Kennedy Retirement Plunges Supreme Court Into Politics. Here's How To Turn Down The Heat., Scott S. Boddery

Political Science Faculty Publications

Justice Anthony Kennedy’s decision to retire from the Supreme Court could create a sea change in the court’s jurisprudence for years to come. The debate about his successor will once again underscore the fierce partisan politics that surround the court.

It’s worth recalling that the constitutional framers originally envisioned a Supreme Court that was insulated from such politics. In fact, Alexander Hamilton argued quite famously, in Federalist No. 78, that the court must be protected from the electorate in order to serve as a check against the political branches of government without fear of reprisals at the ballot box. [ …