The Politicization of the American Judiciary: Practical and Theoretical Consequences of a Partisan Supreme Court
| dc.contributor.author | Wilson, Tara Elaine | en |
| dc.contributor.committeechair | Plotica, Luke Philip | en |
| dc.contributor.committeemember | Scerri, Andrew Joseph | en |
| dc.contributor.committeemember | Moore, Wayne D. | en |
| dc.contributor.department | Political Science | en |
| dc.date.accessioned | 2023-01-06T09:00:29Z | en |
| dc.date.available | 2023-01-06T09:00:29Z | en |
| dc.date.issued | 2023-01-05 | en |
| dc.description.abstract | The Federalist Society, acting as a Political Epistemic Network, has effectively employed a long-term strategy to engineer a Supreme Court that propagates conservative legal ideology. The organizational structure of the Federalist Society finds, recruits, and retain members who will wield the organizational strategies of the organizations to achieve policy outcomes not just for members of the organization, but for the greater population. This thesis demonstrates a clear relationship between the long-term ideological and institutional influence of the Federalist Society and the U.S. Supreme Court. This significant relationship poses a fundamental threat to the execution of equal protection under the law and an erosion of democratic norms. This thesis proposes possible legislative and constitutional remedies to counter the increasing polarization of the Supreme Court, including proposed reforms such as term limits and restructuring the court which could make inroads to promoting neutrality on the Court and re-establishing a greater degree of public trust. | en |
| dc.description.abstractgeneral | The modern Supreme Court must contend with an unprecedented degree of outside influence from ideologically driven special interest groups. Since 1982, there is no outside special interest group of more consequence than the Federalist Society. Modern special interest groups can boast deeper financial reserves, decades of relationship with policy makers, and ideological motivations that are not simply deeply held, but singularly motivating. This is particularly true for the Federalist Society. The conservative legal movement has effectively employed a long-term strategy to shape the Court in its own image, minimizing a reliance on an electorate that is more diverse and historically less likely to embrace conservative principles. Above any other political ally or mechanism, that strategy and its implementation has relied on the commitment, financing, and participation of the Federalist Society. This thesis examines the breadth and consequences of the Federalist Society's influence on the modern Court and proposes theoretical reforms that could help ensure a more ideologically balanced court. | en |
| dc.description.degree | Master of Arts | en |
| dc.format.medium | ETD | en |
| dc.identifier.other | vt_gsexam:35941 | en |
| dc.identifier.uri | http://hdl.handle.net/10919/113066 | en |
| dc.language.iso | en | en |
| dc.publisher | Virginia Tech | en |
| dc.rights | In Copyright | en |
| dc.rights.uri | http://rightsstatements.org/vocab/InC/1.0/ | en |
| dc.subject | Supreme Court | en |
| dc.subject | Partisanship | en |
| dc.subject | The Federalist Society | en |
| dc.subject | Originalism | en |
| dc.subject | Robert's Court | en |
| dc.subject | Court Reform | en |
| dc.title | The Politicization of the American Judiciary: Practical and Theoretical Consequences of a Partisan Supreme Court | en |
| dc.type | Thesis | en |
| thesis.degree.discipline | Political Science | en |
| thesis.degree.grantor | Virginia Polytechnic Institute and State University | en |
| thesis.degree.level | masters | en |
| thesis.degree.name | Master of Arts | en |