The men and women who REALLY run America

He was the most important member of the Supreme Court of the United States (SCOTUS). As Florida is a “swing state” in US presidential elections, Anthony Kennedy was the court’s “swing judge”.

A nominal conservative, Kennedy sided with liberals on many decisions, including rulings that legalised same-sex marriage and upheld abortion rights. But last week, the 81-year-old announced his retirement.

President Trump considered around 25 candidates to replace Kennedy. He is planning to announce his pick this coming Monday and is hoping to have a new justice confirmed before the November mid-term elections. Job interviews do not come bigger than this.

The court plays a key role in American life. While it hears fewer than 100 cases a year, it often has the final say when it comes to the country’s most contentious laws, disputes between individual states and the federal government, and on whether or not to grant appeals to stay executions.

Supreme Court justices receive lifetime appointments, meaning that Trump now has the opportunity to influence the Supreme Court — and the nation — long after his presidency ends.

In June, the court ruled on contentious issues such as Trump’s travel ban and gerrymandering.

If a more conservative judge is appointed to replace Kennedy, anti-abortion advocates may try to push for the issue of abortion to be reconsidered by the court.

The US Supreme Court is far more powerful than its British equivalent.

As Britain does not have a written constitution, its laws are more changeable. They can simply be rewritten by an Act of Parliament.

Therefore, judges in the UK Supreme Court are less likely to make “political” decisions — deferring instead to Parliament. When a law is passed, that is it.

In contrast, the US has a tripartite government, with the separation of powers split between the legislature, the executive and the judiciary. SCOTUS is more at liberty to make decisions based on politics, and it can, for example, strike down a law in a way the UK’s Supreme Court cannot.

Balance of power

The US’s system is superior, say some. It places power in the hands of the experts and away from political wrangling. Furthermore, it is often a good idea to restrain the power of elected politicians, who are more concerned with the ongoing election cycle than how best to conserve and improve the nation’s legal system.

Others respond that the American system actually makes the judiciary much more politicised. How can it be right that, thanks to luck, one president might be able to nominate two or three new justices in four years while another nominates none? Parliament or Congress should be supreme, because that is who people have voted for.