How to Rate & Review Supreme Court Justices

Supreme Court of the United States (SCOTUS) group photo

When rating and reviewing Supreme Court (SCOTUS) judges, it’s crucial to use clear, objective criteria that uphold accuracy, fairness, and transparency. The process should be methodical, reflecting the unique responsibilities of these judges, including their interpretations of the law, judicial reasoning, and professional conduct. Below is a guide to help you make informed and meaningful ratings.


1. Judicial Reasoning

Definition: Judicial reasoning refers to a judge’s ability to interpret and apply the law consistently, logically, and with a deep understanding of legal precedents.

How to Rate:

  • Clarity and Depth of Opinions: Examine the judge’s written opinions. Are they clear, well-reasoned, and reflective of a thorough understanding of constitutional principles?
  • Use of Precedent: Evaluate how effectively the judge applies or distinguishes legal precedents in their decisions. Do they provide sound justification for upholding or overturning prior rulings?
  • Consistency: Assess whether their judicial reasoning remains consistent across similar cases, indicating a stable legal philosophy.

Example: A judge who delivers a landmark opinion that clarifies a contentious area of constitutional law and is lauded by legal experts for its depth and logic would score highly in this category.


2. Impartiality and Ethics

Definition: Impartiality involves a judge’s ability to decide cases without bias or favoritism, while ethics pertains to their adherence to legal and moral standards.

How to Rate:

  • Avoidance of Bias: Analyze their rulings for signs of ideological or personal bias. Do their decisions appear balanced, or do they consistently favor particular groups or interests?
  • Conflict of Interest: Research whether the judge has recused themselves appropriately in cases where a conflict of interest exists.
  • Professional Conduct: Consider their behavior during oral arguments and public appearances. Are they respectful, professional, and aligned with the judicial code of conduct?

Example: A judge who consistently demonstrates fairness in rulings, even when cases involve politically charged issues, would receive a high score for impartiality and ethics.


3. Impact on Legal Landscape

Definition: This measures the significance and lasting influence of a judge’s decisions on the legal system and society.

How to Rate:

  • Landmark Decisions: Identify whether the judge has authored or contributed to decisions that significantly shape or redefine legal standards.
  • Social and Legal Implications: Consider the broader impact of their rulings. Have their decisions contributed to progress in areas such as civil rights, environmental protection, or individual liberties?
  • Endurance of Rulings: Evaluate whether their decisions have stood the test of time or faced significant challenges or reversals.

Example: A judge who authored a majority opinion that advanced individual rights and is frequently cited as a precedent would score highly in this category.


4. Judicial Temperament

Definition: Judicial temperament reflects a judge’s demeanor, patience, and ability to manage proceedings with fairness and professionalism.

How to Rate:

  • Conduct in Court: Assess their interactions with attorneys, litigants, and colleagues during oral arguments. Do they display respect, patience, and attentiveness?
  • Collegiality: Examine their ability to work collaboratively with other justices, even when opinions differ. Are they constructive and respectful in dissenting or concurring opinions?
  • Public Behavior: Consider their public remarks and appearances. Do they maintain the decorum expected of a Supreme Court judge?

Example: A judge who fosters productive discussions during oral arguments and contributes thoughtful dissenting opinions would be rated highly for judicial temperament.


5. Adherence to Constitutional Principles

Definition: This evaluates a judge’s commitment to upholding the Constitution as the guiding framework for their decisions.

How to Rate:

  • Originality vs. Adaptability: Assess whether the judge takes an originalist, textualist, or more adaptable approach to constitutional interpretation and how this aligns with legal norms and public expectations.
  • Protection of Rights: Evaluate their track record in safeguarding constitutional rights, including free speech, due process, and equal protection under the law.
  • Balance of Powers: Consider how well their rulings respect the separation of powers and maintain checks and balances among the branches of government.

Example: A judge who delivers a well-balanced decision that reinforces constitutional protections while adapting to modern contexts would rate highly in this category.


Conclusion

In evaluating Supreme Court judges, it’s essential to base assessments on objective, well-defined criteria that reflect their unique responsibilities and influence on the legal system. Key areas to consider include their judicial reasoning, ethics and impartiality, impact on the legal landscape, judicial temperament, and adherence to constitutional principles. These categories ensure a balanced and thorough evaluation, taking into account their ability to interpret the law, uphold justice, and maintain professional integrity. By applying this systematic approach, reviewers can provide fair and meaningful ratings that recognize the judges’ contributions to the judiciary and society at large.