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Trump, the judiciary and politics

As the UK media react in anger against the High Court’s involvement in Brexit, America prepares to wave goodbye to the broadly liberal politics upheld in the US Supreme Court.

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Officers stand outside the Supreme Court in Washington, Friday, Jan. 22, 2016, during the March for Life 2016, the annual rally on the anniversary of 1973 'Roe v. Wade' U.S. Supreme Court decision legalizing abortion. Press Association/Susan Walsh. All rights reserved.

An issue of great concern arising from the surprising election of Donald Trump to the presidency of the United States is the composition of its Supreme Court. That is because the Supreme Court is often faced with issues which have major political implications, even though ostensibly its function is to adjudicate only on questions of law. We have been less accustomed in Britain to dwell on the relationship of law and politics but we are seeing in public reaction (or at any rate the reaction of sections of the media) to the current litigation over the triggering of Brexit that the traditional detachment of our own courts from the political battleground is not immune from challenge.