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Politics Paper 3 > 4.3 SC and public policy > Flashcards

4.3 SC and public policy Flashcards

1
Q

3

Describe Stare Decisis

A
  • Doctrine is built on the idea of standing by decided cases, upholding precedents and maintaining former adjudications
  • thus tends to favour status quo
  • opposite of the ‘living
    Constitution’ approach.
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2
Q

2

Describe the Cole Memo 2013

A
  • Stated federal government would not enforce federal cannabis prosecution
  • Overturned by Trump
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3
Q

1

What is public policy?

A
  • Policy and law created by branches of government that have effect on US population
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4
Q

4

Describe how the Supreme Court impacts Public Policy

A
  • As SC is inteperpreting constitution, which is sovereign, SC rulings are sovereign
  • Can create new policy
  • Can remove existing policy
  • Can uphold existing policy
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5
Q

3

List SC rulings created public policy

A
  • Citizens United v FEC 2010 (best example)
  • Obergefell v Hodges 2015
  • Michigan v EPA 2015
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6
Q

2

List SC rulings that removed existing policies

A
  • Americans for Prosperity v Bonta 2021
  • Obergefell v Hodges
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7
Q

2

List SC rulings that upheld existing policies

A
  • NFIB v Sebelius 2011 and California v Texas 2020
  • Dobbs v Jackson Women’s Health Organisation 2022
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8
Q

6

Describe Citizens United v FEC 2010

A
  • Struck down Bipartisan Campaign Reform Act, which had banned independent expenditure (political funding from groups uninfluenced by political parties)
  • Ruled that some of its provisions violated 1st Amendment
  • Ruling heavily criticised by Obama at 2010 State of Union Address
  • 5-4 ruling (conservatives for, liberals against)
  • Allowed for development of Super-PACs, which could raise unlimited funds for campaigning
  • Evidence of conservative activism
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9
Q

3

How did Obergefell v Hodges 2015 create new policy and remove existing policy?

A
  • Required all states, DC and insular areas to perform and recognise same-sex marrriages on equal terms to opposite-sex marriages
  • Ruling ignored 13 states in which same-sex marriage was not allowed
  • Struck down Defence of Marriage Act (DOMA)
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10
Q

3

Describe Michigan v EPA 2015

EPA - Environmental Protection Agency

A
  • Limited interpretation of Clean Air Act allowed by executive branch when enforcing legislation
  • EPA now had to consider the justification of costs before the commencement of a project, rather than simply regulating for clean air
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11
Q

2

Describe Americans for Prosperity v Bonta 2021

A
  • Ruled that California’s requirment for non-profits to disclose identity of donors violated 1st amendment and was constitutionally invalid
  • Ruling raised concerns that ‘dark money’ would become more prevalent

‘dark money’ - hard to trace money that influences elections

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12
Q

1

How did Dobbs v Jackson Women’s Health Organisation 2022 uphold existing policies?

A
  • Upheld Mississipi state law to ban abortion after 15 weeks
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13
Q

5

Describe NFIB v Sebelius 2012

A
  • ‘swing justice’ Chief Justice John Roberts agreed with 4 liberals
  • ruled individual mandate (required Americans to purchase minimum coverage or incur tax penalty, except for those eligible for exemption) functions as tax
  • therefore individual mandate within Congress’ power to levy taxes
  • upheld ACA and HCERA (Obamacare)
  • Reversed rulings of District Court and 11th Circuit Appeal

HCERA - Health Care and Education Reconcilliation Act

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14
Q

3

Describe California v Texas 2021

A
  • Ruled that reduction of individual mandate penalty to $0 by Tax Cuts and Jobs Act 2017 did not invalidate Obamacare
  • 7-2 ruling
  • Though did not rule on constitutionality of individual mandate (unlike NFIB v Sebellius)
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15
Q

4

Describe judicial restraint

A
  • Justice who believes in limited role for SC
  • Defer role to elected and accountable bodies where possible
  • Stare decisis - look to past SC rulings to guide their decision making
  • Based on view that a neutral and indepedent Court should reach same decision when interpreting same Constitution
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16
Q

2

Describe judicial activism

A
  • Justice that used position to achieve rulings that meet desirable social ends for their ideology
  • May overturn previous court rulings (e.g. Roe v Wade)
17
Q

4

What SC ruling overturned Roe v Wade (1973) and Planned Parenthood v Casey (1992)?

A
  • Dobbs v Jackson Women’s Health Organisation (2022)
  • SC ruling: 6-3 (all liberal judges dissented, all conservative judges approved)
  • Returned authority to regulate abortion laws to states
  • 13 states immediatley used ‘trigger laws’ to place tough restrictions on abortion
18
Q

3

Describe the pros of judicial restraint

A
  • Honours seperation of powers - honours decisions made by legilslative and executive branches
  • Maintains consistency in rulings by following precedent (stare decisis)
  • Encourages caution in unelected SC by defering decisions to elected officials
19
Q

5

Describe the cons of judicial restraint

A
  • SC only branch that can deal with contoversial issues and minority rights without fear of public reprisal - elected branches may ignore contoversial policy issues and focus on following majoritarian will due to frequent election cycle
  • Excessive restraint could curb courts’ capability to safeguard individual liberties against growingly authorative govt (e.g. Project 2025)
  • Undue deference to other branches could leave decisions that contravene constitution unchecked
  • Codified constitution impedes societal change without reinterpretation given modern issues
  • Constitution vague and weak without reinterpretation
20
Q

3

Describe the pros of judicial activism

A
  • Protects minority rights by challenging unjust laws
  • Checks against majoritarian tendencies within Congress
  • Can appropriately interpret existing laws and text due to their judicial expertise
21
Q

5

Describe the cons of judicial activism

A
  • SC is unelected and therefore unaccountable for decisions
  • Limited checks on SC which strike down Acts/executive action breaches separation of powers
  • Striking down of state laws ignores constitutional principle of federalism
  • Violates principle of stare decisis required by courts - suggests SC acting politically
  • Judges not trained enough within specialised fields to legitimately reinterpet constitution
22
Q

4

Describe liberal activism

A
  • Support justices making policy when other branches fail
  • Make rulings that embody progressive ideals (by striking down regressive policy or creating new policy)
  • Related to women, LGBT, ethnic minority rights
  • e.g. Obergefell v Hodges 2015
23
Q

4

Describe conservative activism

A
  • Make rulings that embody conservative ideals
  • embraces meritocracy and reduction of government interference
  • e.g. Citizens United v FEC 2010 - money seen as free speech
  • Citizens United v FEC also overturned ‘activist’ SC decision 7 years earlier
24
Q

2

Describe an example of liberal and conservative restraint

A
  • Liberal - Woman’s Health v Hellerstedt 2016
  • Conservative - Glossip v Gross 2015
25
Q

2

Describe Woman’s Health v Hellerstedt 2016

A
  • cotinued precedent of Roe by reaffirming right of woman to abortion
  • Cases since Roe have placed limitations on abortion, or returned rights to states, but SC has not overturned right to abortion
26
Q

3

Describe Glossip v Gross 2015

A
  • Followed precedent of past cases to continue use of lethal injection
  • Suggested prisoners can only challenge method by providing alternative method of execution
  • Court argued it was responsibility of prisoner to demonstrate execution method could cause considerable pain, not responsibility of state
27
Q

1

In what amendment was abortion found to be constitutional in Roe v Wade 1973?

A

14th - right to privacy

28
Q

2

Describe examples of public policy being shaped though inaction. by SC

A
  • Planned Parenthood of Arkansas v Jegley 2018
  • Refused to hear election challenges in 2020
29
Q

4

Describe Planned Parenthood of Arkansas v Jegley 2018

A
  • Case challenge Arkansas’ strict regulation of the abortion pill which left state with one abortion provider
  • 2018, SC refused to hear case
  • SC allowed law to come into force in Arkansas
  • Shaped public policy through inaction
30
Q

2

Describe Trump v Anderson 2024

A
  • Unanimous ruling overturned Colorado state decision to bar Trump from presidential ballot
  • Ruled that Congress, not states, had sole power to determine if individual had committed insurrection
31
Q

6

Describe Democratic Constitutionalists

A
  • Modest judicial activism
  • Constitution should be updated mainly by elected branches
  • SC should follow public opinion e.g. gay marriage
  • Conservative critics argue judges will indulge in political preferemces
  • Liberal critics say that judges will be too restrained
  • Obama favoured Democratic Constitutionalists

Politics Paper 3 (34 decks)

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