Table 1
Party Platforms Highlighting Judicial Issues and Cases (2000-2016).
| Year | Democratic Platform | Republican Platform |
|---|---|---|
| - criticism of Supreme Court ruling on partial birth | ||
| abortion | ||
| - “right to privacy” and abortion | - Communications Workers of America v. Beck | |
| 2000 | - Olmstead v. L.C. | - criticism of “exclusionary rule” |
| - Utah v. Evans | ||
| - support for student initiated prayer | ||
| - criticism of “judicial activism” | ||
| - Elk Grove Unified v. Newdow | ||
| - Van Orden v. Perry | ||
| 2004 | - protecting Defense of Marriage Act from courts | |
| - partial birth abortion | ||
| - student initiated prayer | ||
| - immigration decisions making “deportation so difficult” | ||
| - Kelo v. City of New London | ||
| - Boumediene v. Bush | ||
| 2008 | - Boumediene v. Bush | - death penalty |
| - abortion | ||
| - D.C. v. Heller | ||
| - ROTC access case | ||
| - Knox v. Service Employees International Union, Local | ||
| 1000 | ||
| - gay marriage/DOMA | ||
| - Hosanna Tabor v. EEOC | ||
| - public display of Ten Commandments | ||
| - student prayer | ||
| - BSA v. Dale | ||
| - Citizens United v. FEC | ||
| 2012 | - using courts to protect | - Wisconsin Right to Life v. Federal Election Commission |
| immigration rights | - Citizens United v. Federal Election Commission | |
| - No regulation of internet speech | ||
| - DC v. Heller | ||
| - McDonald v. Chicago | ||
| - Kelo | ||
| - abortion | ||
| - criticism of using foreign law in the courts | ||
| - NFIB v. Sebelius | ||
| - criticism of courts’ role in | - Whole Woman’s Health v. Hellerstedt | |
| mass incarceration | - United States v. Windsor | |
| - praise for drug courts and | - criticism of judicial activism | |
| veterans’ courts | - reliance on foreign law | |
| 2016 | - praise for Obergefell v. | - support for Citizens United and McCutcheon v. FEC |
| Hodges | - Kelo | |
| - criticism of Shelby County | - support for State of Wyoming v. Jewell | |
| v. Holder; Citizens United; | - Sebelius | |
| Buckley v. Valeo | - criticism of Obergefell |
[i] Source: The American Presidency Project ( http://www.presidency.ucsb.edu/)
Figure 1
Percentage of President’s nominees who were appointed (District Court and Circuit Court judges): 95th through 114th Congresses (1977-2017).
Source: Slotnick, Schiavoni, & Goldman, supra note 18.
Table 2
Trump Twitter References to Courts and Congress (January 20, 2017-March 15, 2018).
| Search Terms: | Neutral/Descriptive references | Positive references | Negative [without references travel ban references] | Total |
|---|---|---|---|---|
| “court;” “judge;” | 47% | 18% | 35% [14%] | 100% |
| “justice” | n=23 | n=9 | n=17 [n=7] | n=49 |
| “Congress;” | ||||
| “Senate;” | 32% | 35% | 32% | 99% |
| “Representative;” | n=75 | n=81 | n=75 | n=231 |
| “Sen.;” “Rep.;” |
[i] Source: Trump Twitter Archive (http://www.trumptwitterarchive.com/archive)
Figure 2
Negative and Positive Statements about Courts in Major Party Platforms (1948-2016).
Source: The American Presidency Project ( http://www.presidency.ucsb.edu/)