Supreme Court and rights

Question 1

Background of the supreme court

Answer 1

9 members-1 Chief Justice, 8 associate justices
Number fixed by Congress, unchanged since 1869
Appointed by president, confirmed by senate by simple maj
Hold office for life ‘during good behaviour’

Question 2

Powers of SC

Answer 2

Interpret consi (highest court of appeal)
Judicial review
Interpret laws to ensure they’re consi
Laws applied properly
Resolve disputes e.g consi, federal laws, treaties, disputes between states

Question 3

SC and Consi

Answer 3

Judicial branch-A3
S1 sets out SC as only judicial power (all power in its hands)
Congress can ‘ordain and est’ new courts
Hold office in ‘good behaviour’
No mention of judicial activism (Change society e.g roe v wade, interpret creatively)
No provision for number of supreme court justices
Vague

Question 4

Marbury v Madison 1803

Answer 4

Est judicial review and power to strike down federal law.
No consi basis for this-defined from all judicial power
Acts of congress, executive actions
Nowhere to appeal if struck down

Question 5

Fletcher v Peck 1810

Answer 5

Extended judicial review to state laws

Question 6

How does SCOTUS work?

Answer 6

Appellate court
4/9 justices must concur case is to be heard
Decisions made by maj. Majority and dissenting opinions given
Some votes unanimous
Only way to overturn decisions is to amend the constitution
Must petition for writ of cert
Categories: cases of national importance, lower court invalidates federal law, resolve split divisions in lower courts

Question 7

SCOTUS Justices

Answer 7

All have ideological stance
Some presidents have more opportunity to appt than others (term lengths. 1 term-less likely)
Trump was lucky to appoint three. 1 as soon as he was sworn in, 1 as he was leaving office
Biden-appointed 1 due to retirement, ensured another liberal would get appointed
Balance should be 4 either side and 1 who can swing either way. Currently unbalanced-5 conservatives, 3 liberals
Party politics affect process
Ideology not always fixed, some can be unexpected

Question 8

Biden: Justice Jackson

Answer 8

Promised to appoint a black female justice in 2020 election if he got the chance to
2022-Breyer retired, vacancy occurred
February-announced as nomination
Judiciary committee deadlocked 11-11 but her nomination advanced by a 53-47 vote in Senate (few republicans also voted for her)
Sworn in June 2022

Question 9

Independent nature of SCOTUS

Answer 9

Separation of powers
Life tenure
Protected salary
Appointment process ensures suitably qualified justices are found

Question 10

Judicial philosophy

Answer 10

Some judges have a philosophy that will influence how they reach their decision

Question 11

Philosophy: strict and loose constructionist

Answer 11

Strict-constitution interpreted in literal/strict way, tend to be labelled as conservatives. Currently strict constructionist majority
Loose-read between lines, look at context of issue and consi, favour federal govt power, tend to be labelled liberals. eg Obergefell v Hodges

Question 12

Judicial activism/restraint

Answer 12

Activism-usually loose constructionist, use position to promote desirable social ends. Activist courts have large docket (take on more cases)
Restraint: should not legislate from bench, leave to executive and legislature. Greater stress upon precedents from previous courts. Smaller docket (hear less)

Question 13

Appointments process

Answer 13

Vacancy occurs
Search begins (can come from anywhere)
FBI checks and ABA approval
Senate hearings and confirmation

Question 14

Appointments process strengths

Answer 14

Ensures judicial independence
Ensures individuals are qualified
Role of elected branches of government gives some democratic accountability

Question 15

Appointments process weaknesses

Answer 15

Presidents tend to politicise process by choosing justices who share ideological views or ideas about justice e.g Trump-Kavanaugh
Senate tended to politicise process by focusing on hot button issues e.g women’s rights rather than qualifications of nominees
Members of SJC from president’s party tend to ask simple or soft questions. Opposition-embarrass nominee rather than elicit relevant info e.g Kavanaugh hearing
Justices frequently confirmed on party lines
Media conduct a feeding frenzy often connected with trivial or unrelated matters

Question 16

Checks on congressional power

Answer 16

US v Lopez 1995 declared 1990 gun-free school zones act as unconstitutional
NFIB v Sebelius 2012-individual mandate of Obamacare could not be legislated by Congress, but could be allowed under congress’s power in same article to ‘lay and collect taxes’

Question 17

Checks on presidential power

Answer 17

US v Nixon 1974-refusal to handover White House Tapes unconstitutional
Clinton v Paula Jones 1997-Clinton’s claim of immunity to prosecution in a sexual harassment case unconstitutional
Hamdan v Rumsfield 2006-military commissions set up by Bush to try Guantanamo Bays detainees to be unconstitutional (US bill of rights and constitution applies to sovereign territory)

Question 18

Congress: checks on court

Answer 18

Has more due to it being frequently elected
Senate confirms nominations
House can impeach, senate can remove justices if found guilty
Alter number of justices in court
Initiate constitutional amendments thereby seeking to overturn judgements of the court with which it disagrees

Question 19

President: checks on court

Answer 19

Nominates justices
Decide whether to throw his political weight behind court, or criticise it openly
Power of pardon
Bully pulpit e.g Biden criticised Roe v Wade reversal

Question 20

Other checks on the court

Answer 20

No enforcement powers
No initiation powers
Public opinion
Some parts of constitution unambiguous and therefore not open to interpretation by the court
May check itself by reversing earlier decisions e.g 2000 Stenberg vs Carhart declared Nebraska state law prohibiting late-term abortion unconstitutional but in 2007 Gonzales vs Carhart upheld almost identical federal law (can prohibit)

Question 21

How can SC influence public policy?

Answer 21

Judicial review-when overruling state or congressional law it is overruling elected branch wishes in an irreversible way

Question 22

Public policy: Brown v Board of Education 1954

Answer 22

Key moment in civil rights
Catalyst for future civil rights ruling
Question of most effective way to advance rights -work within system or pressure from interest groups?
Turning point for direction of society. More racially aware
Only applied to education but opened door for other changes especially as it was unaminous

Question 23

Roe v Wade 1973

Answer 23

Made abortion rights a law of the land
Safe access
Step forward for women’s freedoms and reproductive rights at a time when they were a massive issue in society
Balanced right to abortion with state interests-tied state regulation to third trimester

Question 24

Planned Parenthood v Casey 1992

Answer 24

Significant as it upheld abortion rights and confirmed Roe v Wade
Women had reproductive rights

Question 25

NFIB v Sebelius 2012

Answer 25

Significant as it upheld Obamacare
Supports obamacare and steps taken to affordable healthcare provision
Can legitimately tax to fund the Act
States have greater responsibility than medicare in terms of medical care

Question 26

Obergefell v Hodges 2015

Answer 26

Significant as it recognised same-sex marriages legally across the country and prevented states from banning it
Step forward for equal treatment of all. LGBT rights same as heterosexual right

Question 27

Texas v US 2016

Answer 27

Significant-president can’t do what they want
Unable to make a decision on DACA
Executive order subject to judicial review
If equally divided court, lower court injunction upheld
Allowed Trump to remove DAPA
DACA kept in place by same SC decision

Question 28

Whole Woman’s Health v Hellerstedt 2016

Answer 28

Significant as it protected safe abortions in Texas
Defending right to abortion as you can’t restrict abortion if its creating undue Burden

Question 29

Dobbs v Jackson Women’s Health Organisation 2022

Answer 29

Significant-loss of abortion rights that had been safely protected for decades
Step back in women’s rights
Dramatic reversal