The " Decision Makers " !

In both America and Australia the final say on approving or striking down a law is in the hands of that country's High Court.  The justices of the High Court are at the apex of the legal pyramid. Contentious cases move through the lower courts and those that fail to reach resolution there are destined to be examined by the men and women who have been nominated to hold this highest judicial office.  Their decision becomes the law of the land.

This week the makeup of the American High Court changed with the death of Antonin Scalia at 79.  Justice Scalia was a conservative appointed by Ronald Reagan in 1986 and finding a replacement seems certain to encounter difficulties.   The Republican party has a majority in both Congress and the Senate but the President is from the Democrats - and this is an election year.

It seems unlikely that any nominee put forward by a Democrat President will get approval from Republicans and it is possible that a replacement will be held over until the election and the country will wait to see which side of politics wins that office.  Choosing a pivotal High Court justice has the capacity to completely change the legal outlook of the entire American legal system.

One of the tipping points between Republican and Democrat thinking - is abortion !  In 1973 the American High Court considered the " Roe v Wade " case and by a 7/2 decision made abortion legal in the United States.  A change in the thinking of the Justices with a new appointee could reverse that decision.   This same High Court recently made a finding approving same sex marriage and that has also stirred conflicting emotions.  Selecting a replacement Justice will not be easy.

The protocol calls for a nominee to be put forward by the President and that person needs ratification by Congress and the Senate.  This examination deeply probes the nominees outlook on all manner of past decisions made when the nominee was sitting as a judge in various courts, and he or she will be directly questioned to gain a view on perspective  - whether there is a conservative or a liberal leaning.

In the past, these hearings have been deeply contentious.  Even innuendo about past sexual indiscretions can cause a nominee to withdraw and the selection process runs the gamut of all aspects of politics.  Both the Republicans and the Democrats are seeking a Justice who will favour their political thinking.

There is no doubt that finding a suitable applicant to sit on the High Court can have a profound influence on what sort of law applies in America.  The President, the members of Congress and those that sit in the Senate are all chosen by public ballot by the voters of America, but the members of the High Court go through a selection process that is little short of an inquisition !   These public hearings are of great public interest, but the final decision rests with the politicians and that will be served by political advantage.

Eventually, similar decisions will become necessary to find replacements for those sitting Justices which form the Australian High Court.   Mere mortals have a finite life span and Justices are subjected to a mandatory age retirement law.   When the time comes to select a new Justice it is certain that this decision will be of more than passing interest to the citizens of this country.
They are the tribunal that decides the law under which we all must live !