4.3 the supreme court and public policy Flashcards
what is public policy?
- policy created by the federal governemtn
the supreme court and public policy
example of the supreme court creating new policy? what did it mean>?
- Citizens United vs FEC 2010: allowed for the creation of superPACS which was impossible due to the Bipartisan Campaign Reform Act.
- meant unelected justices had a huge role in shaping policy around electwions
the supreme court and public policy
the court upholding legisaltion
- in the 2 healthcare cases obamacare was repeatedly upheld
- lends sovereignty to the law, since the supreme courts rulings are effectively soveriegn.
the supreme court and public policy
how can the court also have an impact on public policy? by not doing what?
- not hearing a case
- if a case has been heard by the lower court, that stands
recent cases: Elections and Election spending
Ctizens United v. FEC 2010: ruling, impact
- Ruling: provisions of BICRA violate the 1st amendmnet
- impact: Super PACs could be developed, raising unlimited amounts for campaigning
- criticised by Obama
recent cases: Elections and Election spending
Americans for Prosperity v. Bonta 2021: ruling, impact
- Ruling: requiring charities to disclose the identity of donors violated the 1st manedmnet
- impact: concerns about ‘dark money’ (influencing elections but was difficult to trace) would become more prevalent
recent cases: Healthcare
NFIB v. Sebelius 2011: ruling, impact
- Ruling: individual mandate functions as a tax and therefore is within Congress power to levy
- impact: upheld obamacare. Narrowly passed, with 4 liberal justices joined by the chief justice
recent cases: Healthcare
California v. Texas 2010: Ruling, Impact
- Ruling: individual mandate reduced to $0 by the Tax Cuts and Jobs Act 2017 did not invalidate obamacare
- Impact: ruling of 7-2 the court upheld obamacare.
recent cases: Environment
Michigan v. Environmental Protection Agency 2015: ruling, impact
- Ruling: EPA must consider the impkications of enforcing the Clean Air Act, rather than simply the need to regulate
- Impact: limited the executive’s interpretation when enforcing legislation. Rather than regulating for clean air, the EPA had to consider whether costs could be justified.
- Undermined Obama’s environmental policy
the supreme court and public policy
2018 Planned Parenthood of Arkansas v. Jegley what was the case? what was the significance? 2020 refusal?
whats the impact of a court refusing to hear a case
- challenged Arkansas’ strict regulation of the ‘abortion pill’ and would have left the state with 1 abortion provider
- supreme court thus allows this law to come into force in Arkansas, shaping public policy through its inaction
- 2020: refused to hear challenges to the election result.
the supreme court and public policy
Brnovich v. DNC 2021: background? Ruling?
- brought by democrats who sought to challegne long standing voting laws in Arizona that they saw violated the Voting Rights Act 1965
- congress also tried to pass the John Lewis Voting Rights Act in response, but it fails in the Senate
- 6-3 decision. Arizona did not violate the voting rights act
