The Bias of the Supreme Court

The Hobby Lobby case voted on by the Supreme Court, may have gone just like you would’ve predicted. Five justices appointed by Republican Presidents voted along Republican party lines and the four Democratic appointees voted along Democratic lines. The same thing happened with voting rights, campaign finance reform,
and Arizona’s immigration law. So, does that mean that the US Supreme Court justices are biased? Well, based on recent studies, it seems they might be. One study out of Washington University in
St. Louis showed that for the most part, justices
vote in favor of free speech issues that are in
line with the way they lean politically. Most guilty is Justice Thomas, a conservative, who has voted with conservative free speech issues, like corporate personhood, 65.4% of
the time. Likewise, he’s voted for liberal free
speech issues, like women’s rights, only 23.1%
of the time. A gap of 42.3%. That said, liberal justices like Ginsburg
and Stevens have also been found to vote for liberal free speech issues with disproportionate frequency. Another study out of the University of Chicago looked at the 20 “most significant Supreme
Court cases since 2000”. They found that 98% of
the time Justices voted along party lines. Which is an alarming statistic, especially
when you consider that Supreme Court bias is a
fairly new issue. A study cited by the New York times found that between 1790 and 1937, Justices voted along party lines in only one case out of
the 73 that they deemed important. Experts also point out that prior to the last
25 years, justices switching political leanings
once appointed, was not uncommon – the last instance being Justice Souter, who was appointed by Republican President Nixon. They also point out that it’s been more
than 50 years since a Democratically appointed judge consistently voted with conservatives. So why is the supreme court so biased now? It may have something to do with the increased polarization of Washington The current Congress is on track to become the least productive in history. And the judges are closely tied to these parties. Some may feel that they owe a lot of their success to the party that eventually appointed them, while others might be influenced by
their surroundings. In the past, Supreme Court law clerks, who work with the justices, were balanced and non-partisan. But over the last nine years, Justices appointed by Republican presidents have hired Republican leaning law clerks about 83% of
the time. And Democrats have hired liberal leaning law clerks about 66% percent of the time. These are just a few examples showing the current political climate in the Supreme Court, but they do show indicate evidence
of bias. Still, there have been recent exceptions, specifically the 2012 Obamacare ruling in which Republican leaning Chief Justice Roberts voted with the more liberal side of the bench. Subscribe.

100 Responses

  1. TheEternalVoid says:

    stupid ass supreme court.

  2. Karp Forest says:

    Anyone have an oil can for this chick's voice?

  3. IndustrialBonecraft says:

    Money, Money, Money…

  4. EqualsThreeable says:

    A Judge should be disaffected people, who have no faith in any other party or belief system, who only do what's best for the people when weighing the pros and cons of a decision. Looking at the short term and long term effects of the decision that they will make. A judge needs to know these things and all the possible effects on other laws, policies and people that may come into play. Regardless of their personal beliefs a judge needs the make the most JUST decision warranted in a given situation, knowing no two cases are alike and one answer for some, may not be for others.

  5. Kris Bendix says:

    So peoples do justice in by voting… like polls? I believe in this, so I vote like this. I don't know about you, but I don't want my problems to be dealt with in that kind of court.

  6. Corey Simmerer says:

    I think that the whole Supreme Court should consist of more than 9 people. How could 9 people represent the 300 million people in our nation? I think that public voting should be a part of the Supreme Court system too to prevent corruption.

  7. Hugh G. Rection says:

    Liberal idea such as womens' rights?? So are you saying that if you're conservative that you don't support equality? Well I can say you're wrong, being that I'm a conservative and love females. 

  8. flandersrobby says:

    The real question is: Is TestTube Biased?

  9. Cody Gaffney says:

    This video fails to address two very important points that, I think, really get at the heart of this question:

    1. You would expect there to be significant overlap between conservative judicial theory (for example, the originalist school of constitutional interpretation) and the Republican party, just as you would expect there to be significant overlap between liberal judicial theory and the Democratic party. That's why Republican presidents appoint conservative justices, and Democrats appoint liberal ones.

    2. For every high-profile split-decision case that the justices decide, there are 10 less-publicized, less-interesting cases where we are much more likely to see unanimous decisions. Consider that in the same term as the Hobby Lobby decision (which split 5-4), the justices ruled 9-0 that Obama's recess appointments were unconstitutional.

  10. Zinope says:

    I'm not worried about people voting along party lines because that happens to be their views.  Assuming that they were appointed because you had faith in their views and opinions to scrutinize the law, then that's fine.  Nature of the beast.  It becomes a problem, when they vote along party lines because that is the party line.  Being conservative or liberal is not a bad thing, blindly following the established view point of conservationism or liberalism is however, a major problem.

  11. CIA are in the comments section to divide us says:

    This is why big decisions should not land on people. Science should always take precedence except in the case of personal liberty. Retrogradient policy making IS terrorism.

  12. Chloe Moreau-Carrera says:

    Do do you upload videos five days a week or six days a week?

  13. Buddy Knight says:

    The US Constitution will hang by a thread.  People will vote for people that support destroying it. In the end the LDS Church will save the US. It has been prophesied many years ago by Joseph Smith. If you don't believe me then research the LDS church prophecies by Joseph Smith. You will see he said that this will happen from a revelation from Christ. It is happening as I write these words.

  14. Stalin says:

    Damn this white girl is so beautiful Idk what it is I think it's her eyes. I love white girls I don't know why it's just they are very attractive . I'm Mexican btw haha

  15. thekaboominator1 says:

    Question: Would the world be better if it was run by people between the ages of 12 and 18 only, no adults?

  16. Silent Knight says:

    Its d3mocracy at its best .

  17. Silent Knight says:


  18. Uhohhotdog Gaming says:

    Problem is that much of the constitution is too vague and leaves wiggle room for ideology. We should have followed Jefferson's advice and rewritten the constitution every 20 years

  19. Fire Flame Fine says:

    I do not believe that supreme court justice bias is a new thing.

  20. DontFuckWitDreDay says:

    Fuck Obamacare, I don't want to pay a tax every year for the rest of my life, fml for being 22 years old.

  21. SinerAthin says:

    The political system is long due a cleaning. Right now it stinks and is clogged up with useless junk that paralyze it. 

  22. iAlex479 says:

    Tara you're freaking bomb. You're pretty plus smart!

  23. King Kman says:

    Seems like they tried to make it out that the Baism is coming from the Conservatives but the Democrates are doing the exact same thing. 

    Both are at fault. I think the problem is in this great divide between the two parties as Jon Stewart has tried to point out. Media is making it Blue vs Red, Rep vs Dem – when both parties could share a lot of commonalities. I personally think Democrates have great ideas, but at times have horrible ethics, and I like the family values that the Rep want to offer, for me it's easy to jump back and forth depending on the issue. But media wants us to pick a side and fight, hate, slander the other side. Politics…

  24. yeshuajm21 says:

    Tara Long is so hot.

  25. Caesar Santizo says:

    From these statistics it's obvious republicans show far more bias than democrats.

  26. blopp bopity says:

    test tube is obama's slut that says whatever she is told. TEA PARTY OR NO PARTY
    actually research what this country is doing to innocent people and stop having your heads up your asses. 

  27. DrunkYouTube says:

    Ever wondered why countries with a single ethic group like, or I don't know, China, Russia, Most of all small Asian countries in the the pacific, Middle East, India, ETC can continuously rule their people in a medieval fashion that doesn't necessarily comply with modern standards and fail to be to the dominant ethic group in this known world?

    Oh, that's because they're NOT a diverse country like the United States. 

    The United States of America is truly a great country. And no, I'm not implying that it's simply greater due to its bullshit propaganda but simply stating that this piece of land in which many people from ALL OVER THE WORLD congregate, live and are able to get along DESPITE of religious and political views. 

    If you assume that your country and/or race is greater than the rest of the world, then why has it failed to dominate its influence throughout the know world? And why do many people from your own country continue to risk their lives to seek the American dream?

    In fact, the American way of life (EVERYONE'S WAY OF LIFE) has dominated the world due to basic human needs in which the Americans have provided!

    The people of the United States are by far way more sophisticated and intelligent than any country known on this earth. 

    The understanding of equal rights of all human beings surpasses any religion and/or political agenda. 

    But please, continue to assume Americans are nothing but idiots when you, yourself, use a majority of products THOUGHT and INVENTED by Americans.

    "The Chinese make most of your products, idiot" is nothing but an accusation thought by individuals whose level of intelligence and understanding does not comprehend how the modern world works. 

    The World envies America but their psychological ignorance prevents them from being rational human beings.

  28. BARBATVS 89 says:

    I'm glad I don't vote for either side, as they are both legs of the same monster.

    I don't want to be a democrat because I don't want to be responsible for millions of innocent deaths i.e. abortion.

    I don't want to be a republican because I don't want to be responsible for thousands of deaths i.e. Iraq, Afghanistan etc.

    These are just two examples. I could go on.

    And "justices"??? They don't deserve the name.

  29. Ghost Emblem says:

    Having politicians appoint members of the supreme court kinda goes against the whole separation of powers ideal that supposed to prevent corruption doesnt it.

  30. max radke says:

    Why only republicans and democrats? Why cant we have a party inbetween? If so can we call it the pizza party? I would love to vote for the pizza party.

  31. Zelnyair says:

    With that Hobby Lobby case, surely your company sucks if you can't separate your beliefs from your business practices? 

    I mean, yeah, it's probably not in the best interests of Jewish people to work at Oscar Mayer, for instance, but if you can't shelve your beliefs for your professional lives, you suck.

  32. Emeka Obianyor says:

    So was Justice Souter appointed by President Nixon or President Bush (the 1st)? I'm confused.

  33. timmy D= says:

    Their are two parties but it's not completely black or white. They have liberal republicans and conservative democrats just like they have far left and right.

  34. Qharisma says:

    The Supreme Court out here looking like a joke ………

  35. Lehel Hanko says:

    Most guilty is : the black guy . LOLed xD

  36. Av Rand (TheAv66) says:

    Shows how the Democrats are the lesser of the two evils, but still no angels themselves, of course there much better than the GOP.

  37. Corey Micallef says:

    You Americans have the most whacky political system there is, it's a wonder anything ever gets done.

  38. hillcon45 says:

    The US is so politically fucked up. I mean, it's not bad, but it's sooo freaking wrong.

  39. miles reeves says:

    A justice is neither party, but yall forget, they weren't born into this position. they were elected. Meaning at some point in their lives, they had to of been part of a specific party when they had voted and when they got elected into their positions. Would I consider it bias. Absolutely, but if they are doing their job correctly they shouldn't be voting whether its conservative or liberal but if it shall follow what the constitution allows or whether the constitution needs amending. it may boarder what the political lines are but to be blunt and saying that they are voting based on parties is calling the battle before the smoke clears and not knowing the details of the cases and the justices themselves.

  40. Lugh314 says:

    So… the MOST bias judge voted along party lines 65% of the time?   That's…. actually better than I would've thought.

  41. Joel says:

    but but, life is fair!  isn't it? 

  42. Ratstail91 says:

    Rome fell when it split in two. America is on the same road.

  43. Unborn Heretic says:

    Is it bias to vote for what they believe? Maybe the parties' value happen to align with the justices'. Most of the supreme court cases are basically opinion as it is their goal to interpret the Constitution but if one has more liberal values, then they will interpret it more liberally. It is currently as unbiased as it gets without know the makers of the Constitution. 

  44. Steven P says:

    Republicans are just generally bad and only get elected when stupid people who don't know anything about politics hear "less taxes"

  45. wmpratt2010 says:

    Supreme court "biased" a new issue? LOL Do your homework . Did you ever think they are operating under their ideology? As for the ACA, Roberts choose to support the progressive power of the federal govt. Even though he ruled the individual mandate penalty a Tax he failed to acknowledge the fact all taxes by law must originate in the House of Representatives. If you don't know the ACA (or Obamacare) tax penalty was written and past first by the Senate thus making the individual mandate tax penalty illegal.

  46. wmpratt2010 says:

    Here's a video idea, where does TestTube get its research from?

  47. 0011peace says:

    More lies. And, it shows their own leaning.   The Supreme 0ourt has always voted on ideological lines.  This is because that is what they believe to e right.

  48. vteck9 says:

    No shit

  49. Krista A Martin says:

    Why would the right to burn the American Flag in public be illegal? Because communist propaganda displayed in America would be insighting a riot.

  50. Lotantio says:

    As always, it's the Republicans who started corrupting the system.

  51. Matt Martino says:

    These arguments are based upon political science which judges really don't like. If you were to ask a justice what they base their decision on they would say that they base it upon their constitutional philosophy, (one of the points they will pick) weather they are a strict constructionist or not. Also, this video leaves out many key points of how the justices vote, mostly they look at civil liberties. Overall, this video has bias of it own and does not show the other side.

  52. Alejandro N.W. says:

    Is this channel Conservative or Liberal bias?

  53. Michaelose says:

    get rid of having a party to begin with. The party system is stupid anyway

  54. Vaporwave Vocap says:

    They seem to me to have a more left leaning bias.

  55. Alex Atrocity says:

    Democrats started it, then Republicans reacted, and did so to more of an extreme to "counterbalance" what they saw as a threat to their side.

  56. Xin Zhang says:

    cases are not natural facts. it cannot be statistically analyzed before an clear and general definition. Your numbers are meaningless. Your statement might just be coincidence. I have confidence in this country's justice.

  57. Ed Jenkins says:


  58. Carson Zickefoose says:

    These justices are who they are. They ARE NOT VOTING THEIR POLITICS. They are voting the way they vote because they have been SELECTED because of their pre-existing views!!! Again, they are who they are, and most people only become more set in their ways and views as they get older. Period. CBZ

  59. Eurovision Mitch says:

    It does seem pretty stupid to have this bias. You can't completely change that though cos they are all still people with their own views. But perhaps you could make it a little less bias if you remove the sense of allegiance they may have to the 'party' that appointed them, by getting the justices to choose who joins them, or having opening new positions to applications who both republican and democrat leaders have to agree on….so at least you don't get an extreme right or left justice.

  60. SK G says:

    Doesn't this video amount to contempt of court? Just curious.

  61. The Messenger says:

    It really is time for them to get with the program. 150 years of some very bad precedent with respect to the 2nd the eagle.

  62. Roman Soiko says:

    so ladies and gentlemen vote Bernie Sanders and got more Democrats on the Bench

  63. Cam says:

    So you expect every figure to be near 50%?

  64. TheFlyinSquid says:

    aaaannd….. how much do we pay them for this again?

  65. Troy says:

    Corporations are not people. It's "We the people", not "We the corporations".

  66. AtomicGiraffe says:

    With Scalia dead I can imagine the shit show that is about to happen to nominate his successor

  67. Shalon Jackson says:

    I hope a republican gets nominated.

  68. Steezboy3000 says:

    The difference is republicans are hypocritical and ignorant, while even the most biased Democrats take into account and consider far more republican views than republicans do democrats

  69. Spencer Perrine says:

    Sigh. I miss these good old days of TestTube. Back before the entire second half of their videos was nothing more than a plug for a sponsor.

  70. Omair Saif says:

    WOW! the girl is cute and so is her presentation style

  71. Upcamehill says:

    We need justices who put aside all political views and rule on strictly on what is said in the Constitution. If they are well educated in the Constitution, they will almost always agree with each other on Constitutional issues.

  72. WillyTheComposer says:

    Hmm… so both Republicans and Democrats show bias, but the Republicans show more bias than the Democrats.

  73. Johannes Carling says:

    how unproductive is the congress?

  74. animalia555 says:

    Wow! Human beings have biases! Socker!
    Sarcasm BTW

  75.! says:


  76. AlabamaSoldier says:

    The Bias of Seeker Daily

  77. Ben Peterson says:

    how can you go through this whole thing and not mention the constitution? The bias is that conservatives stick with the constitution, and liberals believe in a "living constitution" ; basically a belief that the constitution doesn't actually have to be legally changed, they can just ignore what the writers meant and interpret it however suits them.

  78. David Roach says:

    No they voted with the constitution girl something you clearly haven't read

  79. Ashley Gomes says:

    Trump should appoint Roger Ailes to the Court just to anger liberals. Roger Ailes would really piss off lefties with his constitutional views.

  80. divine nobody heavenly luminaries cosmic family says:

    where do you get all this info tara?

  81. Sam Dawkins says:

    cos politicians became smart enough to put only loyal hardcore lib/conservatives on the bench to push there agenda

  82. Greater is He says:

    It's not bias, it's that the Democratic Party is always seeking to bend the constitution, the republican sticks to more traditional constitutional values. Supreme Court is there to defend the constitution, so not surprisingly the votes are in favor of law rather than bending the law. The bias if anything would be that they defend the constitution

  83. DimemanRobbie says:

    These justices must be impartial and adhere to the laws as the constitution was written————————-Judges hold their offices “during good behavior,” which means that they may keep their positions until they retire, die while in office, or are removed, by impeachment, for bad behavior. The Founders wanted the Supreme Court’s justices, and other federal judges, to be protected from the all-too-common taint and corruption that follows running for and being elected to office. There is, of course, no way to legislate a requirement to choose people with integrity and ethics to hold these offices; it is implied by the “good behavior” phrasing. The Constitutional remedy for a judge whose decisions demonstrate a lack of “good behavior:” evidence of corruption, lack of integrity or ethics, bias, or lack of understanding of the law or the Constitution they swore to uphold – is impeachment. This remedy has been used far too infrequently in our 200-plus year history. Judges now assume their positions are inviolable, and legislate from the bench, inventing “rights” and assuming “jurisdiction” that does not assist. Shame on us for not demanding of our Congress-critters that they remove such judges from office!

  84. Randell Porter says:

    Find a new way of selecting Supreme Court justices where there is no bias…  When we select a justice based on education experience, character, wisdom, honesty, and moral strength instead of sex, race, ethnicity, religion, affiliations, and cronyism we will be looking a blind justice.

  85. Paul E says:

    Obamacare was a right wing legislation, that's why it was such a disaster. Medicare for all is the only way to go.

  86. Karl Llewellyn says:

    There's one problem with the Obamacare vote it was a political not a legal decision.

  87. To Release is To Resolve says:

    Bias in regards to the US constitution? Hmmmmm…

  88. Liam Johnson says:

    What do you expect with such a partisan selection process? This could easily be remedied if judges were appointed by an independent committee comprised of other judges and lawyers, as is the case in the UK. Appointment based on merit, not party politics.

  89. Matthew Hopping says:

    No they call balls and strikes!!

  90. tom clemency says:

    What about the nomination is recommended by the judicial supreme body and limit the age of retirement to 70yo or maximum of 75yo

  91. Emperor Yongle says:


  92. helpful merman. says:

    The two party system picks the supreme Court Judges.

  93. Dan Popescu says:

    Those studies are wrong and srupid and so this video.

  94. Weare over9000penisesstrong says:

    Thank God that the court has an even bigger conservative lean now!

  95. William Linde says:

    They work for same company.yes

  96. Daniel Steel says:

    Something to notice:

    Comments from 4 years ago refer to this channel as TestTube. Comments from 2 years ago refer to this channel as SeekerDaily. This channel's current name is NowThisWorld.

  97. Brian Jacobsen says:

    What made anyone think. There was ever a fair and Impartial court system.

  98. G.M.F says:

    I mean the supreme court justices are human. Everyone's bias to some degree. Everyone.

  99. TheZooBrooksAB says:

    All this does is show how the Supreme Court (and the Constitution) as a concept in practice is an abject failure.

  100. stormcop55 says:

    This channel should be renamed as Democrats are God channel ……. lol

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