The Supreme Court & Special Interest Groups

Under the rubric of the governmental system of the United States of America, political and social constraints are, in theory, supposed to exist between the Executive, Legislative, and Judicial branches of the government. In practice, it is often the case that one branch or another is more powerful. Some believe that the Judicial Branch, especially its prime representation in the Supreme Court, is one of the most powerful forces in contemporary society.

However, one might ask how the decisions that the Supreme Court rule on are arrived at? Also, are there exacerbating factors that play a role within the system that places certain cases in front of the Court? In this paper, we will look at an overview of the Court itself, but will focus on the question: do interest groups play a role in the decisions of the Supreme Court? In dealing with the literature on the subject, the paper will first give a brief overview of the history and practices of special interest group, give an overview of the Supreme Court, and present a theory of pressure groups and the role they play within society and government. Proceeding from that line, we will then examine specific examples to see if special interest groups have had any affect on Supreme Court decisions in such areas as racial matters and the death penalty. Finally, the paper will conclude with a brief legacy of lobbyists, and will present some alternatives to the power they seem to hold on the American governmental system.

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are considered contests between individuals or between the state and an individual or group. Rarely do legal and media accounts of court actions take into account the role of lobbyists or see any collusion between special interest groups and the courts (Makielski, 1980). Secondly, Burns, et.al. (1975) have pointed out that there is a certain mystique about the Supreme Court, and indeed the entire judicial system. Many Americans believe that the courts are immune to pressure and somehow above the political sphere of influence (Brigham, 1987). As a result, it is quite possible that special interest groups have become even less overt when dealing with the judicial system, thus effectively blocking their deeds from the general public. Third, and perhaps the most important of the three barriers, is legal access to the Court itself. It appears that technical skill is the most viable tool to gain a hearing by the Court, and that, coupled with the political culture of the time, make it difficult for all but the most organized, wellfunded, and powerful groups to gain Court access (Orren, 1976). The end result of the barriers placed upon the system is that a number of technical blocks are created. Those blocks may be overcome by s

Category: Government - T