The politicians and the media make a big deal of Neil Gorsuch as the newest justice.  Will he make a big difference for conservative causes?  I’m not so sure.  Certainly, a president can influence the direction of the court—especially if they have the opportunity to appoint several people to the court.  Politicians warn people if they vote for the “wrong” candidate the country will be ruined forever by a crazy Supreme Court.  So, the selection of Neil Gorsuch took on ominous consequences.

But how powerful and meaningful are these appointments—really?

Look at this example from history.  It may put this fear into perspective.  When Dwight Eisenhower was president (ancient history, I know!) in the 50’s, he appointed a solid politician from California to the Court—Earl Warren.  Warren started his career as the prosecutor in Oakland, California.  He ran for office on a law-and-order platform, promising to “get tough on criminals.”  After his successful work there, he ran for governor of California and won.  He dreamed of himself running for president and launched a campaign for that in the early 50’s.  When he got the to Republican convention in 1952, it became obvious that he didn’t stand a chance.  He was much more a politician than Neil Gorsuch.

Instead, he switched his allegiance to the popular general, who had just decided that he was a Republican, and persuaded the California delegation to do the same.  Warren even made the nominating speech for Eisenhower.

Of course, Eisenhower went on to defeat Adlai Stevenson in the general election.  As a reward to Warren, Eisenhower appointed the former prosecutor and law-and-order man to the supreme court.  He appeared to be a solid conservative like Neil Gorsuch.

At first, Warren was quiet but he gained political strength and became the chief justice.  During the 60’s the Warren court veered far to the liberal side in defense of criminal rights.  Warren and his colleagues decided many far-reaching cases.  They protected the rights of criminals against brutal and aggressive police tactics.  The law-and-order people and conservatives went nuts.  They felt like Warren had “turned on them.”

Eisenhower even said, “Warren was the worst damn decision I ever made as president.”  What will President Trump say of Neil Gorsuch in the future?  Will Justice Gorsuch rubber-stamp opinions for the conservatives?

Here’s the point.  Even though the supreme court nominees appear to think in a particular fashion, once they get a lifetime appointment they are free to decide cases in any way they like.  And, many times, they surprise their strongest supporters by doing, not what the politicians want, but what their conscience dictates.

At least, Justice Neil Gorsuch had a solid record as a judge—even if you disagree with some of his decisions.  How he will vote in the future?  Neil Gorsuch probably doesn’t know until the specific cases reach his desk.

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Most Americans Can’t Name the Supreme Court Justices!

A recent poll by FineLaw.com, a part of the respected company, Thompson Reuters, found recently that two thirds of Americans can’t even name one person on the United States Supreme Court. All that fighting to pick Supreme Court justices, senate confirmation hearings, television coverage, liberals and conservatives both warning of dire consequences…

So what?

Does it make much difference? After all, most people can’t name their senators, congress people, mayors, etc. Does it make much difference?

Granted, the Supremes do get the fun of playing referee and often make decisions that have repercussions for years–the Roe v. Wade decision from the 1970’s, for instance. But when you think of all the things most of us have to keep track of every day, how can anyone keep track of some old dudes? (And women)

It’s interesting to note that for most of our American history, the Supreme Court was relatively quiet. They viewed their role narrowly and seldom upset the apple cart. If Congress passed a law, the Supremes were content to let it stand.

When Franklin Roosevelt passed immense amounts of legislation creating new agencies and government programs, the Court peeked out of the stuffy courtroom and struck down much of his legislation. Even then, who remembers the people who made those decisions?

Does it make any difference that most Americans probably don’t care who sits on the court?

But you say, what about the Senate confirmation hearings and the President’s power to place conservative or liberal judges on the bench? Don’t we all get upset over those appointments?

I’m not so sure we do. The media get upset, small groups of politically active people do, but do the majority of Americans get upset? I don’t think so. How could they when they’ve forgotten the controversial names that have reached the Supreme Court?

Besides, once a president appoints, it’s a life-time appointment. A good example of how justices don’t “follow the rules,” was Chief Justice Earl Warren. He began his political career as the county prosecutor in Oakland, California. He went on to become governor of California where he supported Dwight Eisenhower for president in 1952. As a reward for that support, Eisenhower appointed Warren to the Supremes, confident that Warren, a former prosecutor, would vote as a solid conservative.

Warren went on to become one of the most active, ambitious, and liberal justices in modern history. Eisenhower was quoted as saying, “Worst damn decision of my presidency,” about his selection.

Do you know any of the names of the justices? Are there any women on the court? Blacks? Asians? Do you know their religious backgrounds? Is it important to you day-to-day? Should it be?

Let me know how many justices you can name? I dare you to try!!

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