⇒ Judges can only decide on what matters that are brought to it and courts usually only decide matters that are considered important and which affect a number of people (they have no power of initiation)
⇒ Courts tend to stay out of foreign policy - it took over 2 years after 9/11 for it to hear a case of holding terror suspects without trial. It has not yet dealt with the constitutionality of the War Powers Act 1973
⇒ It took presidential action to enforce Brown v Broad
⇒ While Roberts court has questioned the holding of terrorist suspects without trial, many terrorist suspects are still being held without trial
⇒ The court will weigh up amicus curiae statements that outline the views of interested parties in court cases
⇒ The court has stepped back from reversing popular decisions (death penalty) and is wary of intervening in divisive issues (affirmative action)
⇒ It has become involved in gay rights only recently, after it sensed a shift in opinion, ruled on this issue in United States v Windsor 2013: the Defence of Marriage act 1996 was ruled unconstitutional because it defined marriage as between a man and a woman
⇒ SCOTUS decisions can be overturned by constitutional amendments. The 16th amendment allowed the introduction of a federal income tax, after the court struck down earlier laws allowing it to do so
⇒ The Senate confirms appointments - they get the final say on who sits on the court (e.g. they rejected Merrick Garland)
⇒ Congress have the power of impeachment (Abe Fortes resigned rather than face impeachment)
⇒ Power to nominate judges (this can change the nature of the courte e.g. Gorsuch makes the court conservative)
⇒ President can throw his political weight behind a decision e.g.Bush snr publicly described the courts decision in Texas vs Johnson 1989 as "wrong, dead wrong"
⇒ Judges do not automatically follow the political preference of those who elected them
⇒ Justice Roberts: "Judges are servants of the law" (shown when he sided with liberals over the Obamacare case)
⇒ David Souter - appointed by Bush snr but became one of the most liberal members of the SCOTUS
⇒ Eisenhower said about appointing Chief Justice Earl Warren- "It was the biggest damn fool mistake I ever made"
⇒ Also see our notes on: