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The United States Supreme Court is meant to be above politics, but in reality, it has been politicized since its inception. Republican presidents appoint conservative justices while Democrats appoint liberal justices. Currently, six of the nine Supreme Court justices have been appointed by a Republican president, even though a Republican nominee has not won the popular vote in a presidential election since 2004, effectively creating a Court that is already politically stacked against the preference of a majority of Americans. Even Justice Neil Gorsuch, a Republican-appointed Supreme Court Justice, stated that the framers did not want "nine old people in Washington sitting in robes telling everybody else how to live."

This post was originally published on the Cardozo International & Comparative Law Review website on November 10, 2020. The original post can be accessed via the Archived Link button above.

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