Partisan Politics and the Supreme Court: A Crisis of Judicial Independence

Every nominee to the Supreme Court of the United States must undergo an extensive confirmation process to evaluate his or her qualifications to serve as a Justice. While the Founders designed the federal judiciary to be an independent institution, changes in the confirmation process and American political climate have resulted in increasingly polarized nomination and confirmation proceedings. This Comment will discuss the history of this process, focusing on the slim margins by which recently confirmed Justices have secured their seats on the federal bench. These contentious proceedings are exacerbated by outside influences such as the media and interest groups that contribute to public perceptions of the Court and influence its perceived legitimacy. Finally, solutions will be proposed that include changes to the Senate’s confirmation process, particularly regarding the Judiciary Committee, and a renewed commitment to the judiciary’s independence as exhibited by the Court’s recently adopted Canon of Ethics.