SC case studies

Question 1

Give two cases where the SC ruled along partisan lines

Answer 1

• Citizens United vs Federal Election Commission (2010)
• Burwell vs Hobby Lobby Stores, Inc (2014)

Question 2

What was the SC asked to review in citizens united vs federal election commission?

Answer 2

The constitutionality of certain parts of the Bipartisan Campaign Reform Act

Question 3

What was the act created to do?

Answer 3

Regulate the financing of political campaigns, including restrictions on corporate and union spending on political advertising

Question 4

What two issues was the act designed to tackle?

Answer 4

• The increased role of soft money
• The proliferation of issue advocacy ads

Question 5

Define soft money

Answer 5

This is the financing of election campaigns through donations by individuals and corporations

Question 6

What are issue advocacy ads?

Answer 6

Communications intended to raise awareness to a certain problem, often sponsored by special interest groups

Question 7

How did the Bipartisan Campaign Reform Act tackle the growth of soft money?

Answer 7

By stopping national political party committees from raising or spending money not subject to federal limits

Question 8

How did the act tackle issue advocacy ads?

Answer 8

By defining broadcast ads that name federal candidates within 30 days of a primary or caucus or 60 days of a GE as electioneering communications, and prohibiting any such paid ad by a corporation or paid for by an unincorporated agency using any corporate or union general treasury funds

Question 9

What was the court’s decision in Citizens united vs federal election commission?

Answer 9

It was 5-4 in favour of citizens united, a conservative nonprofit organisation, that held that restrictions on corporate and union spending on political advertisements as violating the 1st amendment right to free speech

Question 10

What did the five justices in the majority argue in their opinion?

Answer 10

That political spending by unions and corporations should be considered a form of protected speech and the government should not be able to restrict their ability to spend money on election campaigns

Question 11

What did the 4 dissenting justices argue?

Answer 11

That the restrictions were necessary to prevent the undue influence of large corporations and unions in the political process. They argued that the majority decision would open the door to excessive election spending from unions and corporations, potentially distorting the democratic process

Question 12

Why is citizens united v federal election commission seen as an example of a partisan SC ruling?

Answer 12

Because the ruling saw the five justices appointed by Republican presidents align with conservative jurisprudence, while the dissenting 4, all appointed by Democratic presidents, all adhered to a more liberal interpretation of campaign finance laws. The five Republican justices voted in favour of a big conservative organisation, while the four Democratic justices voted in against big conservative corporations like Citizens United using donations to influence electoral outcomes

Question 13

What was the SC asked to determine in Burwell vs Hobby Lobby Stores, Inc (2014)?

Answer 13

whether closely held for-profit corporations, such as Hobby Lobby, could be exempted from providing certain forms of contraceptive coverage under the Affordable Care Act on religious grounds

Question 14

Who did the court rule in favour of?

Answer 14

The court ruled in favour of Hobby Lobby by a 5-4 split

Question 15

How did the court justify their decision to rule in favour of Hobby Lobby?

Answer 15

The court ruled that closely held corporations with religious objections could be exempted from the Act’s requirement to provide contraceptive coverage to employees. The decision was based on the Religious Freedom Restoration Act (1993), saying that they could be exempt if there was a less restrictive way of achieving the act’s ends

Question 16

What did supporters of the ruling say about the decision?

Answer 16

viewed it as a victory for religious freedom

Question 17

What do critics of the ruling say about the decision?

Answer 17

that it prioritised the religious beliefs of employers over the healthcare needs and rights of employees.

Question 18

Why is Burwell vs Hobby Lobby Stores, Inc (2014) and example of a partisan SC ruling?

Answer 18

The five conservative leaning justices voted in the majority and the 4 liberal leaning justices voted in dissent. The alignment of the justices in this case reflected their conservative or liberal leanings, leading to the perception of a partisan divide in the court’s ruling

Question 19

Give two examples of the SC not ruling along partisan lines

Answer 19

• Brown v Board of Education of Topeka
• US vs Nixon (1974)

Question 20

What did the SC rule in Brown vs Board of Education of Topeka

Answer 20

his case saw the SC unanimously rule that segregation in schools was unconstitutional. The decision overturned the ‘separate but equal’ doctrine established in Plessy v Ferguson (1896), which had allowed for racial segregation in public facilities as long as they were equal in quality

Question 21

What did the SC opinion state in Brown?

Answer 21

that ‘separate educational facilities are inherently unequal’ and that racial segregation in public schools violated the Equal Protection Clause of the 14th amendment

Question 22

What was the importance of the SC ruling in Brown?

Answer 22

The ruling was a pivotal moment in the civil rights movement and led to the desegregation of public schools in the US

Question 23

How was Brown an example of the SC not ruling along partisan lines?

Answer 23

The unanimous nature of the decision is significant because it involved a significant civil rights issue and had the support of all 9 justices, who were appointed by both Republican and Democratic presidents

This landmark case is often cited as an example of the SC’s ability to transcend partisan politics and make decisions based on the principles of justice and equality

Question 24

Explain the US vs Nixon (1974) case

Answer 24

This saw the SC unanimously rule against US president Nixon, who had refused to release video tapes and recordings related to the Watergate scandal during a criminal investigation. The court’s decision was 8-0, with one justice recusing himself

Recusing is where a judge steps down from hearing a case, on the basis that it is not appropriate for them to deal with it

The court held that the president’s claim of executive privilege, which he argued would protect the confidentiality of his conversations, did not outweigh the need for evidence in a criminal investigation

The ruling effectively forced Nixon to release the subpoenaed materials, including the famous ‘Watergate tapes’, which contained incriminating evidence

Question 25

What is a subpoenaed material?

Answer 25

one that is required to be submitted to the courts

Question 26

What did the US vs Nixon ruling lead to?

Answer 26

Nixon’s resignation

Question 27

Why is the US vs Nixon case seen as an example of the SC not ruling along partisan lines?

Answer 27

The unanimous court decision is often cited as an example of the SC’s ability to act independently of partisan politics. It demonstrated that even during a highly politically charged and tumultuous time in American history, the SC could come together to uphold the rule of law and the principle that no one, not even the president, is above the rule of law

The case is seen as a testament to the SC’s commitment to the principles of justice and the constitution

Question 28

Give two examples where justices voted against partisan lines in the SC

Answer 28

• National Federation of Independent Business vs Sebelius (2012)
• Planned Parenthood vs Casey (1992)

Question 29

What did the national federation of independent business vs sebelius concern?

Answer 29

the constitutionality of key provisions of Obamacare

Question 30

What did Obamacare require most Americans to do?

Answer 30

obtain health insurance or pay a penalty known as the individual mandate

Question 31

What did the NFIB do to the individual mandate?

Answer 31

challenged its constitutionality, questioning whether the federal government had the authority, under the commerce clause of the constitution, to require individuals to buy health insurance

Question 32

Why is the national federation of independent business vs sebelius case an example of an SC justice voting against partisan lines?

Answer 32

This case saw Chief Justice John Roberts, who was appointed by Republican president GWB and is generally considered a conservative justice, joined the liberal leaning justices in a 5-4 decision to uphold the individual mandate section of the Affordable Care Act. The individual mandate section of the act required individuals to purchase minimum essential healthcare insurance coverage or face a tax penalty

Question 33

Why was the ruling a surprise to many?

Answer 33

as it was widely expected that the conservative justices would vote as a bloc against the act

Question 34

Why did Roberts vote in favour of the Affordable Care Act?

Answer 34

Roberts concluded that the individual mandate was constitutional as a tax, even though the government’s argument that it was justified under the commerce clause of the constitution was rejected. This simply meant that the mandate was a valid exercise of congress’ power of taxation. Essentially, Roberts and the court held that congress had the authority to impose a tax penalty on those who did not buy health insurance

Question 35

What was the SC asked to do in planned parenthood vs Casey (1992)?

Answer 35

revisit the landmark abortion rights decision in the 1973 Roe vs Wade case, which established a woman’s constitutional right to choose to have an abortion

Question 36

What was the central issue in the case?

Answer 36

whether certain provisions of a Pennsylvania abortion law, which imposed various restrictions on abortion, were constitutional

Question 37

Why was the ruling notable?

Answer 37

because it upheld the core principles of Roe vs Wade, including a woman’s fundamental right to have an abortion

Question 38

What did the SC’s opinion state?

Answer 38

that while the states had an interest in protecting fetal life, it could not place an ‘undue burden’ on a woman’s right to choose an abortion

Question 39

Why did the ruling come as somewhat of a surprise?

Answer 39

The ruling was a departure from what some might have expected based on what some might have expected considering the political affiliations of the justices. As the majority included three justices who were appointed by Republican presidents

Question 40

What does the planned parenthood vs casey case illustrate?

Answer 40

how the SC does not always vote along strict partisan lines and how their interpretations of the constitution can lead to unexpected outcomes

In this instance, justices appointed by Republican presidents played a pivotal role in preserving the key principles of Roe vs Wade, despite the ongoing debate over abortion rights in the US