Flashcards in Fisher Supreme Court Deck (40):
Marbury v Madison
1803 - 1st time Sc declared a federal action unconstitutional. Established SC's power of judicial review.
Brown v Board of Education
1954 - Separate schools for black and white students unconstitutional. Overturned Plessy v Ferguson
National federation of Independent Business Vs Sebelius
2012 - Upheld most of Obama Care incl. individual mandate. Struck down provision that states would loose all Medicaid funding if they failed to expand it.
Bush v Gore
2000 - Ruled Florida's recount after 2000 presidential election was unconstitutional under the equal protection cause of the 14th Amendment.
US vs Arizona
2012 - Struck down provisions of Arizona law requiring police to check immigration status of anyone if they had 'reasonable suspicion'.
Rasul v Bush
Foreign detainees held at Guantanamo Bay did have access to US federal courts to challenge their detention.
Hamdan V Rumsfeld
Military commissions set up by Bush to try and hold people at Guan bay rules unconstitutional.
Boumediene v Bush
2008 - Procedures set up by Bush administration & Congress following Hamdan decision were inadequate to ensure detainees received their day in court.
National Labor Relations Board v Noel Canning
2014 - President lacked constitutional authority to make high-level executive branch appointments when Senate technically available to give advice & consent.
United States v Texas
2016 - Obama’s executive order Deferred Action for Parents of Americans & Lawful Permanent Residents (DAPA) unconstitutional as it breached clause of Article 2 of the Constitution that required president to ‘take care the laws be faithfully executed’.
United States v Windsor
Defense of Marriage Act (1996), which stated marriage between one man & one women, unconstitutional, as it denied federal benefits to married same-sex couples that were available to other married couples.
Obergefell v Hodges
State bans on same-sex marriage violated 14th Amendment, which forbids states from denying equal protection of laws within the state
Shelby v Holder
Struck down provision of Voting Rights Act (1965) that certain southern states must obtain preclearance from Justice Department before any changes to their voting laws.
Gonzales v Raich
Ruled federal govt could ban growth of marijuana under commerce clause. Case arose after 2002 California legalised use of medical marijuana, even though it is illegal under federal law.
Roe v Wade
Women had right to abortion under 14th Amendment right of ‘liberty’.
Gonzales v Carhart
Upheld Partial-Birth Abortion Ban Act of 2003, which banned procedure used in small number of later abortions, crushing skull of foetus.
Zelman v Simmons Harris
Upheld Ohio's 'school voucher' programme giving financial aid to parents to send children to religious or private schools.
Town of Greece v Galloway
Legislative bodies could begin meetings with prayer, even if they clearly favoured one religion.
Burwell v Hobby Lobby
Struck down provision of Obamacare that required family-owned corporations to pay for health insurance coverage of employees for contraception, as it violated Religious Freedom Restoration Act (RFRA) 1993.
Trinity Lutheran Church of Columbia v Comer
Missouri should provide aid to church even though state constitution calls for separation of church & state.
Buckley v Valeo
Part of Federal Election Campaign Act (1974) that limited expenditure by presidential candidates was unconstitutional.
McConnell v FEC
Upheld provisions of Bipartisan Campaign Reform Act (BCRA) that banned use of 'soft money' (paid directly to a political party) for particular candidate
Citizens United v FEC
Business corporations & labour unions have same rights of political free speech as individuals.
McCutcheon v FEC
Struck down 1970s limit on total amount of money wealthy donors can contribute to candidates.
District of Columbia v Heller
The 'right to keep and bear arms’ is individual right. Struck down a District of Columbia law restricting ownership & use of guns.
McDonald v City of Chicago
Under due process clause of 14th Amendment, right to bear arms cannot be infringed by state or local governments.
Atkins v Virginia
Execution of mentally disabled criminals infringed 8th Amendment, but SC did not define mental disability.
Roper v Simmons
Unconstitutional to sentence anyone to death for crime they committed when younger than 18.
Baze v Rees
Lethal injection not a ‘cruel and unusual punishment’.
Moore v Texas
Executing murderer Bobby Moore unconstitutional, as IQ testing used by Texas out of date & unreliable.
University of California v Bakke
Ruled out racial quotas in university admissions programmes, but left door open to race being considered.
Gratz v Bollinger
University of Michigan’s affirmative action-based admissions programme for undergraduates too ‘mechanistic’ (all black, Hispanic & American-Indian applicants awarded 20/ 150 points required).
Grutter v Bollinger
University of Michigan Law School’s admission programme constitutional as it used a more ‘individualised’ approach.
Parents Involved & Meredith cases
Unconstitutional to assign students to public schools solely for purpose of achieving racial balance.
Fisher v University of Texas
Upheld decision of university to reject Abigail Fisher, who argued she was victim of racial discrimination, as minority race students with less impressive grades were accepted.
In 2010, state of union address Obama criticised the courts judgement in .......... v. ....
Citizens United v. FEC
........ a conservative, replaced ........, a liberals, in 2006 which moved balance towards the right giving the conservatives a 5-4 majority
Alito replaced O'Connor
A ......... (State) county clerk named ...... ........ Made national news for refusing to issue marriage licenses to same sex couples.
In Sessions v. Di Maya
....... Voted with the 4 liberals v. Federal government's hard line position on a key provision of a deportation statute.