Chapter 4 Supreme Court Flashcards
Example that shows increased politicisation
Biden promised in his 2020 campaign to appoint a black woman to the court for the endorsement of Democratic vote
Example of a controversial decision; extremely politically decisive
Bush v Gore (2000)- ruled that a recounting in Florida was unconstitutional; essentially decided the outcome of the 2000 election
Case affecting the 1st Amendment:
Snyder vs Phelps (2011)
8-1 ruling protected the ‘free speech of the Westboro Baptist Church’
Case supporting 2nd Amendment:
DC vs Heller (2008)
5-4 ruling stating there is a right to individual gun ownership without a connection to a militia
Legislation that was struck down by DC vs Heller:
struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional
Case supporting the 2nd Amendment AND using the 14th amendment:
Chicago vs McDonald (2010)
-5-4 majority held that “the right to possess a handgun in the home for the purpose of self-defence” is applicable to the states through the 14th Amendment’s due process clause
Case using 14th Amendment in their reasoning:
Obergefell v Hodges (2015)
-The right to marry is guaranteed to same-sex couples by the 14th amendment
Example of failed nomination
2016 Merrick Garland -Senate blocked the nomination by refusing to vote
-Prevented the Court from switching to 5-4 liberal majority
Example of Senate Judiciary Committee questioning:
Sonia Sotomayor was questioned about apparent racial and gender bias,
(by her publicly expressed view that a ‘wise Latina’ might make a better judge than a white male).
Political motivations that presidents have when appointing a Supreme Court judge
- After appointing Sotomayor, Obama was able to increase his support amongst hispanic voters
- Biden promised to appoint a black woman as Supreme Court judge in 2022
Justice John Robert’s court being more ideological conservative:
- DC v Heller 2008
- Citizens United v FEC 2010, McCutcheon v FEC 2014
- Shelby County v Holder 2013
Case that overturned Roe v Wade
Dobbs v. Jackson Women’s Health Organization 2022
SC striking down legislation
2015 Defence of Marriage Act was struck down by two SC rulings which legalised same sex marriage
Controversial Supreme Court cases that accuse the SC of ‘finding rights that aren’t there’
- 2015 Obergefell v Hodges
- 2006 Gonzales v Oregon (euthanasia)
Only way for Congress to overturn Supreme Court ruling:
Through constitutional amendment- only happened once (16th amendment) which overturned Pollock v Farmers’ Loan and Trust co. 1894
