In 2017, the newest Supreme Court Justice, Neil Gorsuch, took his seat on the bench having been nominated by President Donald J. Trump. Historically, Justice Gorsuch has been viewed as being aligned with "the right" or a more conservative viewpoint. Explain how, in terms of judicial activism and judicial restraint, this nomination could have an impact on future decisions of the Supreme Court.
What will be an ideal response?
When a jurist exercises his/her power of judicial review, they do so with a varying political attitudes and philosophies. The two main philosophies of judicial review are judicial restraint and judicial activism. A jurist who primarily follows the philosophy of judicial restraint believes that the power of judicial review should be used sparingly, while a jurist who follows judicial activism would believe that the power of judicial review should be used more liberally, resulting in more judge-made law. The jurist who follows judicial restraint would place greater weight on the language of the Constitution. Traditionally, judicial restraint has been associated with a more conservative viewpoint, and judicial activism with a more liberal viewpoint. Because of this, the philosophy of a Supreme Court nominee is often believed to have the ability to change the tide of Supreme Court decisions from more right to left or vice versa. As a justice with a more conservative viewpoint, Neil Gorsuch's appointment puts the Supreme Court at four traditionally "left" Justices and four traditionally "right" Justices, with Anthony Kennedy as a "swing" vote. This may lead to more divided opinions coming from the Supreme Court in the future.
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