Apr 20, 2025

The Judicial Branch’s Downfall

By: Breanna O'Brien

The Judicial branch has power and control over translating and applying our laws in the court system. The purpose of having three separate branches is to preserve an equal and fair democracy in the United States. Unfortunately, the Judicial Branch is overstepping and misusing its power to change laws and rule biased verdicts. Many citizens are expressing their concerns regarding judicial ideological biases. We need to evaluate Trump’s side of the situation. While Judicial Independence is important, it is given this power to ensure that Judges can rule biased verdicts without the pressure of the government or other people. It is to secure a balanced and fair opportunity to trial. Is he only trying to restore and establish equal power in our governmental system?

It is essential for the Judicial Branch to include an unbiased and equal system, apart from the other two branches. The significant aspect of our government is our separation of powers and checks and balances. This keeps our country true. There has been an increase in the number of decisions being made by self-beliefs. Laws are in place, and decisions should be made based on the factual application of the law. Multiple complaints have claimed the United States Supreme Court has made biased rulings. Stating that the Supreme Court is creating and twisting the law to its advantage rather than interpreting the law. While federal judges should have power in their position, they must also use it responsibly. They should not allow their personal beliefs to influence and determine their decisions in the courtroom.

President Donald Trump has stated that the judicial branch should not overreach into the executive and legislative branches. While certain people believe he is wrong, others believe he is simply trying to maintain the checks and balances in our nation. He questions the legitimacy of the Judicial System because he thinks some judges are ruling their verdicts based on their political agendas. While President Trump has put executive orders in place to ensure the safety of the U.S. and its American citizens, the Judicial Branch has challenged and restricted these orders. In other ways, the Judicial Branch has made specific rulings in legal cases that are considered non-constitutional.

An example of the Judicial Branch overstepping and misusing its power would be the case Dobbs v. Jackson Women’s Health Organization. In 2022, this case was set to overturn the Roe v. Wade ruling in 1973. While this court ruling was protected under the United States Constitution, the Dobbs v. Jackson Women’s Health Organization case verdict changed the law, leaving the decision open to the states. Why? After 49 years, the case was brought to the Supreme Court. The original ruling was biased, and an applied decision was made based on the Constitution. They changed their minds. Ignoring the controversy, people stated this verdict was based on the judge’s personal beliefs. The Constitution did not change, but the federal judges in the Supreme Court did.

Another example would be gun control rulings. In 2022, in the case New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court overturned a law in 1911. The law before stated that people had to have a legitimate reason and license to carry a gun outside of their homes. Now, people are angry that this decision was made and changed. They stated the Supreme Court had overstepped once again. The court should have left it to the state as it had done and continued for over 100 years. Many people stated that the Supreme Court just wanted power over another situation. This has now created more problems for other states with gun control laws.

The court is making its law for the states and not giving states the power they deserve. The Supreme Court is taking away power one second from the states and then giving them power the next. It is hypocritical. They gave states the power for abortion but then took the power from the states for gun control laws. This is confusing to people and causes more problems.

While some people may believe this is similar to Poland’s democratic issues with judicial independence, there are clear distinctions between Poland’s democratic backsliding and the problems with the United States. Poland’s executive power and government are tearing down its judicial system by relieving judges of their positions. In place, they appoint specific judges that only support and follow the president and his party’s orders, loyalists, which gives the president more power and weakens the judiciary. The United States, however, still wants to protect our judicial independence. President Trump is trying to protect our country and its system of checks and balances. He values our country’s legal system and wants it to stay intact. In order to do this, he states that we must appoint judges who will rule unbiased verdicts and uphold the rule of law in our Constitution.

Our country is built on trust. Having checks and balances allows us to limit and continue to oversee each branch. We chose to create the separation of powers and the use of checks and balances to trust our government. A single branch would provide too much power. It would give a single part of the government more responsibility and control than the others. Giving the judicial branch more independence could result in more biased verdicts. It would be threatening the U.S. Constitution. This will only weaken our government. Many other examples demonstrate how the Judicial System has a mind of its own and has been overstepping on several counts. Although it is a gradual situation, the issues will only become more challenging in the future if not controlled.

References:

Court, Supreme. “New York State Rifle and Pistol Association, Inc., Et Al. V. Bruen, Superintendent of New York State Police, et al.” Supreme Court of the United States, 23 June 2022, www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf.

Dobbs, of the Mississippi Department of Health and Jackson Women’s Health Organization. “Dobbs, state Health officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization et al.” Supreme Court of the United States, 24 June 2022, www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

Poland Appears to Be Dismantling Its Own Hard-Won Democracy – The Washington Post, www.washingtonpost.com/news/monkey-cage/wp/2017/07/21/poland-appears-to-be-dismantling-its-own-hard-won-democracy/. Accessed 20 Apr. 2025.

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