SCOTUS Cases (Public Policy) Flashcards
NFIB v Sebelius
•Ruled ACA was constitutional
•5-4 liberal decision (politicised)
•Roberts sided with liberal judges
•Judicial restraint
•Upheld congressional law
•No limit on other branches as upheld federal law
Trump v Hawaii
•Upheld Trumps EO- muslim travel ban
•5-4 conservative
•Judicial restraint
•No limit as upholding executive order
•Uphold policy
Whole Woman’s Health v Hellerstedt
•Struck down Texas law to uphold Roe v Wade
•5-3 Liberal
•Restraint as upheld previous decision
•Limit state legislatures by removing state law
•Removed law
US v Texas
•DAPA breaches article 2 as Obama overstepped his powers
•4-4 split- politicisation and judicial restraint
•Limit on executive and legislature
•Removed law (4-4 split meant upheld appeals court decision)
Citizens United v FEC +
McCutcheon v FEC
Citizens United
•Corps and interest groups have 1st amendment rights
•Created new policy that SPAC’s can raise unlimited amounts for campaigning
McCutcheon
•Removed limit to no of campaigns that could be donated to
•5-4 politicised
•Judicial activism
•Check on congress as struck down federal law
•Removed law and created new policy
US v Windsor
•5-4 ruling that DOMA is unconstitutional
•Activism
•Limit on congress
•Removed policy- DOMA unconstitutional as it discriminated married gay couples on the basis of federal benefits
Obergefell v Hodges
•5-4 liberal decision (politicised, activist)
•No limits as no pre existing law
•Established policy on same sex marriage under 14th amendment
DC v Heller
•5-4 conservative
•2nd amendment guarantees individual right to bear arms
•Activist- deciding on wedge issues like gun laws and politicisation
•Limit on congress
•Established new policy
Carpenter v US
•5-4 liberal decision by courts
•Activism
•No limit
•Establishing new policy on phone location data
Trumps Tax Returns
•Case brought by Trump argued in favour of Congress
•Activist- using power to release Trumps tax returns
•Check on executives power
•New policy
Planned Parenthood Arkansas v Jegley
•Restraint/Inaction- deferring to Arkansas legislature by refusing to hear
•Upholding state policy- no limit by refusing to hear
•Upheld law from Arkansas
Biden v Nebraska
•HEROES act to cancel student debt (EO) didn’t give him Sec of Education power
•Activism
•Limits on presidential power to control policy through eo’s
•remove existing policies
US v Texas
•8-1 decision not politicised as didn’t vote ideologically
•Didn’t limit power of executive, Limits power of states
•Upholding policy from the dep for homeland security
