20.4.3 - Judicial Activism/Restraint Flashcards
What is an Obama quote about judicial activism?
‘An activist judge was somebody who ignored the will of Congress, ignored democratic processes, and tried to impose judicial solutions on problems instead of letting the process work itself through politically’
What are 2 types of judicial activism?
- Liberal activism
- Conservative activism
What case is a good example of liberal activism?
Obergefell v Hodges 2015
The laws of how many states were ignored in the Court ruling in Obergefell v Hodges?
13 states in which same-sex marriage was not allowed
What congressional law did the ruling on Obergefell v Hodges strike down on?
The Defense of Marriage Act - DOMA
What is a good example of conservative activism?
Citizens United v FEC 2010
Part of what law was overturned by the Court ruling in Citizens United v FEC?
The McCain-Feingold reforms
What is the belief in judicial restraint?
Justices believing that they should allow the policy created by Congress and the president to stand
What is the principle of ‘stare decisis’?
A judicial principle meaning ‘let the decision stand’
What is a recent example of liberal restraint?
The ruling in ‘Whole Woman’s Health v Hellerstedt’ which was a continuing defence of Roe v Wade
