EliteKiller wrote:UFGN wrote:Presidents appointing judges for life is ridiculous
If you must have politically affiliated judges then democratic judges for example should have the common sense to resign while a democrat is in the White House
Where to start ....
President's don't appoint judges ... the constitution clearly lays out that all Supreme Court justices, court of appeals judges, and district court judges are nominated by the President, and confirmed by the United States Senate. It's how the 'three-branch' system works .....
Judges are not actively Democrat or Republican ... indeed under the constitution whilst they can vote, they are not allowed to promote any political party ... instead they are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. It has long been commonly assumed that a justice's votes reflect his or her judicial decision-making philosophy as well as their ideological leanings, personal attitudes, values, political philosophies, or policy preferences.
The justices base their decisions on their interpretation of both legal doctrine and the precedential application of laws in the past. In most cases, interpreting the law is relatively clear-cut and the justices decide unanimously, politics are not relevant to applying the letter of the law.
Politics only comes into play when the have to overrule an administration who believe in an unlimited scope of executive power and demanded their lawyers try to win cases in unrealistic ways.
Clinton's administration won 63% of cases at the Supreme Court, Bush's 60%, Obama's just 40% .....
Trump's administration has had few cases reach the Supreme Court (it takes a while) he may do better than Obama but I doubt he'll reach 60% ... this has very little to do with the SCJ's political leanings if it did Trump would win 100% of the time. SCJ's judgments reflect a combined 200+ years of their ability to apply the correct application of the law ....
Meanwhile, back in real life, in practice Justices are appointed by the President, especially if they have a majority in the Senate, and in real life of course they're going to be chosen for political reasons.