As a judge serving on the federal bench, what factors weigh on you as render decisions and adjudicate disputes relating to the president?How do these factors differ from each other? Would one factor take precedence over the others? Provide examples

Question

What will be an ideal response?

Answer 1

The ideal answer should:
a. Describe the three broad classes of consideration identified by scholars that affect judicial rulings:legal principles and norms; ideological convictions; and concerns about institutional legitimacy.
b.Identify the legal model of judicial review as a process in which judges use legal considerations such as ripeness, standing, stare decisis, and case law in rendering decisions.
c. Explain the attitudinal model, according to which a justice's ideology is the primary determinant of his or her decisions.
d.Discuss the cult of the robe, which strives to uphold institutional legitimacy, under which judges insist that they are independent and impartial interpreters of the Constitution.
e.Assess how each factor can influence a judge's decision making by drawing on examples such as Bush v. Goreand the Supreme Court's ruling on the Affordable Care Act, noting that in the end it is often difficult to know exactly what factors have influenced a justice's action, as there is considerable discretion afforded to judges.