4.3 SC and public policy Flashcards
1
Q
3
Describe Stare Decisis
A
- Doctrine is built on the idea of standing by decided cases, upholding precedents and maintaining former adjudications
- thus tends to favour status quo
- opposite of the ‘living
Constitution’ approach.
2
Q
2
Describe the Cole Memo 2013
A
- Stated federal government would not enforce federal cannabis prosecution
- Overturned by Trump
3
Q
1
What is public policy?
A
- Policy and law created by branches of government that have effect on US population
4
Q
4
Describe how the Supreme Court impacts Public Policy
A
- As SC is inteperpreting constitution, which is sovereign, SC rulings are sovereign
- Can create new policy
- Can remove existing policy
- Can uphold existing policy
5
Q
3
List SC rulings created public policy
A
- Citizens United v FEC 2010 (best example)
- Obergefell v Hodges 2015
- Michigan v EPA 2015
6
Q
2
List SC rulings that removed existing policies
A
- Americans for Prosperity v Bonta 2021
- Obergefell v Hodges
7
Q
2
List SC rulings that upheld existing policies
A
- NFIB v Sebelius 2012 and California v Texas 2021
- Dobbs v Jackson Women’s Health Organisation 2022
8
Q
6
Describe Citizens United v FEC 2010
A
- Struck down Bipartisan Campaign Reform Act, which had banned independent expenditure (political funding from groups uninfluenced by political parties)
- Ruled that some of its provisions violated 1st Amendment
- Ruling heavily criticised by Obama at 2010 State of Union Address
- 5-4 ruling (conservatives for, liberals against)
- Allowed for development of Super-PACs, which could raise unlimited funds for campaigning
- Evidence of conservative activism
9
Q
3
How did Obergefell v Hodges 2015 create new policy and remove existing policy?
A
- Required all states, DC and insular areas to perform and recognise same-sex marrriages on equal terms to opposite-sex marriages
- Ruling ignored 13 states in which same-sex marriage was not allowed
- Struck down Defence of Marriage Act (DOMA)
10
Q
3
Describe Michigan v EPA 2015
EPA - Environmental Protection Agency
A
- Limited interpretation of Clean Air Act allowed by executive branch when enforcing legislation
- EPA now had to consider the justification of costs before the commencement of a project, rather than simply regulating for clean air
11
Q
2
Describe Americans for Prosperity v Bonta 2021
A
- Ruled that California’s requirment for non-profits to disclose identity of donors violated 1st amendment and was constitutionally invalid
- Ruling raised concerns that ‘dark money’ would become more prevalent
‘dark money’ - hard to trace money that influences elections
12
Q
1
How did Dobbs v Jackson Women’s Health Organisation 2022 uphold existing policies?
A
- Upheld Mississipi state law to ban abortion after 15 weeks
13
Q
5
Describe NFIB v Sebelius 2012
A
- ‘swing justice’ Chief Justice John Roberts agreed with 4 liberals
- ruled individual mandate (required Americans to purchase minimum coverage or incur tax penalty, except for those eligible for exemption) functions as tax
- therefore individual mandate within Congress’ power to levy taxes
- upheld ACA and HCERA (Obamacare)
- Reversed rulings of District Court and 11th Circuit Appeal
HCERA - Health Care and Education Reconcilliation Act
14
Q
3
Describe California v Texas 2021
A
- Ruled that reduction of individual mandate penalty to $0 by Tax Cuts and Jobs Act 2017 did not invalidate Obamacare
- 7-2 ruling
- Though did not rule on constitutionality of individual mandate (unlike NFIB v Sebellius)
15
Q
4
Describe judicial restraint
A
- Justice who believes in limited role for SC
- Defer role to elected and accountable bodies where possible
- Stare decisis - look to past SC rulings to guide their decision making
- Based on view that a neutral and indepedent Court should reach same decision when interpreting same Constitution
16
Q
2
Describe judicial activism
A
- Justice that used position to achieve rulings that meet desirable social ends for their ideology
- May overturn previous court rulings (e.g. Roe v Wade)
17
Q
4
What SC ruling overturned Roe v Wade (1973) and Planned Parenthood v Casey (1992)?
A
- Dobbs v Jackson Women’s Health Organisation (2022)
- SC ruling: 6-3 (all liberal judges dissented, all conservative judges approved)
- Returned authority to regulate abortion laws to states
- 13 states immediatley used ‘trigger laws’ to place tough restrictions on abortion
18
Q
3
Describe the pros of judicial restraint
A
- Honours seperation of powers - honours decisions made by legilslative and executive branches
- Maintains consistency in rulings by following precedent (stare decisis)
- Encourages caution in unelected SC by defering decisions to elected officials
19
Q
6
Describe the cons of judicial restraint
A
- SC only branch that can deal with contoversial issues and minority rights without fear of public reprisal
- elected branches may ignore contoversial policy issues and focus on following majoritarian will due to frequent election cycle
- Excessive restraint could curb courts’ capability to safeguard individual liberties against growingly authorative govt (e.g. Project 2025)
- Undue deference to other branches could leave decisions that contravene constitution unchecked
- Codified constitution impedes societal change without reinterpretation given modern issues
- Constitution vague and weak without reinterpretation
20
Q
3
Describe the pros of judicial activism
A
- Protects minority rights by challenging unjust laws
- Checks against majoritarian tendencies within Congress
- Can appropriately interpret existing laws and text due to their judicial expertise
21
Q
5
Describe the cons of judicial activism
A
- SC is unelected and therefore unaccountable for decisions
- Limited checks on SC which strike down Acts/executive action breaches separation of powers
- Striking down of state laws ignores constitutional principle of federalism
- Violates principle of stare decisis required by courts - suggests SC acting politically
- Judges not trained enough within specialised fields to legitimately reinterpet constitution
22
Q
4
Describe liberal activism
A
- Support justices making policy when other branches fail
- Make rulings that embody progressive ideals (by striking down regressive policy or creating new policy)
- Related to women, LGBT, ethnic minority rights
- e.g. Obergefell v Hodges 2015
23
Q
4
Describe conservative activism
A
- Make rulings that embody conservative ideals
- embraces meritocracy and reduction of government interference
- e.g. Citizens United v FEC 2010 - money seen as free speech
- Citizens United v FEC also overturned ‘activist’ SC decision 7 years earlier
24
Q
2
Describe an example of liberal and conservative restraint
A
- Liberal - Woman’s Health v Hellerstedt 2016
- Conservative - Glossip v Gross 2015
25
Q
2
Describe Woman’s Health v Hellerstedt 2016
A
- cotinued precedent of Roe by reaffirming right of woman to abortion
- Cases since Roe have placed limitations on abortion, or returned rights to states, but SC has not overturned right to abortion
26
Q
3
Describe Glossip v Gross 2015
A
- Followed precedent of past cases to continue use of lethal injection
- Suggested prisoners can only challenge method by providing alternative method of execution
- Court argued it was responsibility of prisoner to demonstrate execution method could cause considerable pain, not responsibility of state
27
Q
1
In what amendment was abortion found to be constitutional in Roe v Wade 1973?
A
14th - right to privacy
28
Q
2
Describe examples of public policy being shaped though inaction. by SC
A
- Planned Parenthood of Arkansas v Jegley 2018
- Refused to hear election challenges in 2020
29
Q
4
Describe Planned Parenthood of Arkansas v Jegley 2018
A
- Case challenge Arkansas’ strict regulation of the abortion pill which left state with one abortion provider
- 2018, SC refused to hear case
- SC allowed law to come into force in Arkansas
- Shaped public policy through inaction
30
Q
2
Describe Trump v Anderson 2024
A
- Unanimous ruling overturned Colorado state decision to bar Trump from presidential ballot
- Ruled that Congress, not states, had sole power to determine if individual had committed insurrection
31
Q
6
Describe Democratic Constitutionalists
A
- Modest judicial activism
- Constitution should be updated mainly by elected branches
- SC should follow public opinion e.g. gay marriage
- Conservative critics argue judges will indulge in political preferemces
- Liberal critics say that judges will be too restrained
- Obama favoured Democratic Constitutionalists
