US SC and public policy USP Flashcards
(17 cards)
what is judicial activism
when judicial rulings are suspected of being based on personal or political considerations
when was judicial activism seen in the warren court
- BROWN vs BOARD
- MIRANDA vs ARIZONA
when was judicial activism seen in the burger court
ROE vs WADE
when was judicial activism seen in the roberts court
- DISTRICT OF COLUMBIA vs HELLER = reinterpretation of 2nd amendment AND ban on handguns violated right
- CITIZENS UNITED vs FEC = reformed campaign financing
- DOBBS vs JACKSON = went against 50 year precedent
what was a case of affirmative action which showed judicial review
- STUDENTS FOR FAIR ADMISSIONS vs HARVARD COLLEGE
- questioned on the constitutionality of race-based affirmative action
- 6-2 decision against affirmative action
- decision was rooted by 14th amendment
what is a court case which proves that the roberts court is progressive
- OBERGEFELL vs HODGES
- BOSTOCK vs CLAYTON COUNTY = prohibits employment discrimination based on individual’s sexual and gender identity
arguments FOR judicial activism
- allows necessary adaptation to changing times
- protects rights
- helps legislative gaps
- allows correction to precedent decisions
arguments AGAINST judicial activism
- undermines democracy and separation of powers
- creates legal instability
- encourages judicial bias
what is judicial restraint
encourages judges to limit their own power
- avoid overturning laws unless in conflict with constitution
what are examples of judicial restraint
- NFIB vs SEBELIUS = upheld individual mandate of ACA as a constitutional excercise of congress’ taxation power
arguments FOR judicial restraint
- judicial restraint promotes stability and predictability in legal system
- clearly defines role of SC
- protects and upholds constitution
arguments AGAINST judicial restraint
- unelected judged
- checks and balances
- too literal and narrow interpretation
- fail to adapt to contemporary society
whats a VERY RECENT example of judicial activism
- 2024
- LOPER BRIGHT ENTERPRISE vs RAIMONDO
- overturned 40 year precedent that courts should respect federal agencies’ interpretation of ambiguous statutes rather than the SC themselves
whats a VERY RECENT example of judicial restraint
- TRUMP vs US (2024)
- Trump entitled to immunity from criminal prosecution for official acts carried out whilst president
what happened with TikTok and the Supreme Court
- rejected appeal over ban on TikTok
what percentage of supreme court decision end up being 6-3 in 2023-24
34%
what happened to the venezuelans which trump2 tried to deport
- trump didnt deported the group which the SC said he couldn’t
- he did it anyway with a different set of venezuelans
