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Politics paper 3 > Cases on civil rights > Flashcards

Cases on civil rights Flashcards

1
Q

Burwell V Hobby Lobby Stores (2014)

A

Description: part of ACA required family owned business to pay for health insurance coverage for contraception, hobby lobby objected due to religion, claimed it violated 1st amendment

Outcome: SC rules 5-4 that this part of ACA was unconstitutional weakening legislation

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2
Q

Snyder v Phelps (2011)

A

Description: Snyders father sued WBC for defamation after they picketed sons funeral & published statements that son raised child for devil as he was being raised catholic

Outcome: sc rules 8-1, speech in matter of public concerns can’t be basis of liability for tort of emotional distress

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3
Q

Carson V Makin (2022)

A

Description: The limits of school vouchers offered by state of Maine, disallowed the vouchers to be used to pay for religious based private schools

Outcome: 6-3 decision court rules this violated free exercise clause, discriminated against religion

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4
Q

Kennedy v Bremerton School District (2022)

A

Description: Practice soon joined by the players and others, the school board were concerned the practice would be seen as infringing on establishment clause separating church and state

Outcome: Majority opinion from SC found that establishment clause doesn’t allow gov body to take a hostile view of religion under the free speech and exercise clauses, rules board acted improperly

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5
Q

Creative LLC v Elenis

A

Description: Colorado Anti Discrimination Act prohibits business that are open to public from discriminating on basis of characteristics including sexual orientation. Discrimination is also any communication published that says a persons unwelcome because of characteristics

Outcome: 6-3 SC decision ruled colorado couldn’t force designer to create expressive designs, laws protecting rights don’t come before constitutional protections.

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6
Q

Burwell V Hobby Lobby Stores (2014)
Activism/restraint?
Any limits?
New/same/changed policy?

A

Burwell v Hobby Lobby Stores (2014)
Activism- extended 1st amendment rights again
Limits congress & executive as ACA was watered down
Established business with 1st amendment rights

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7
Q

Snyder V Phelps
Restraint/Activism?
Any limits?
New/same/removal of policy?

A

Snyder V Phelps
Restraint- Not creating new interpret amendment, no politicization
No limits to other branches
Didn’t create new precedent

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8
Q

Carson V Makin (2022)
Activism/ restraint?
Any limits?
new/same/change policy?

A

Carson v Makin (2022)
Activism: promotes an evangelical ideology, new interpret amendment
Limits federal as it infringes on policy of states
Created new precedent regarding first amendment

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9
Q

Kennedy V Bremerton School District
Activism/restraint?
Any limits?
New/same/changed policy?

A

Activism: also promotion a political agenda
Limits federalism and the states right to negotiate education
Created new policy regarding 1st amendment

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10
Q

Creative LLC v Elenis
Activism/restraint?
Any limits?
New/changed/same policy?

A

Restraint- upholds colorado anti discrimination act; protects constitutional rights
Limit to states
Upholds current policy

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11
Q

Mcdonald V Chicago (2010)

A

court ruled that right to bear arms is protected fundamentally by 2nd amendment, 14th clause: right can’t be infringed by state/local gov

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12
Q

Mcdonald V Chicago (2010)
Restraint/Activism?
Limits?
New/same/changed policy?

A

Restraint- protected by 2nd amendment, can’t be infringed upon
Limits on states and local gov
Upholds the 2nd amendment

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13
Q

New York State Rifle & Pistol Association v Bruen (2022)

A

2nd amendment right to carry concealed and loaded handguns in public (removing existing legislation after Biden passed bipartisan gun control)

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14
Q

New York State Rifle & Pistol Association v Bruen (2022)
Restraint/activism?
Any limits?
New/same/changed policy?

A

Restraint
No limits
Removed existing legislation, new legislation: Bipartisan gun control

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15
Q

Miranda V Arizona 1966

A

Description: Confessed to rape unaware of the constitutional right to remain silence

Outcome: rules 5-4 that miranda been denied this right. Miranda rights now ingrained in law and us culture “right to remain silence)

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16
Q

Miranda V Arizona 1966
Restraint/Activism?
Any limits?
Change/new/same policy?

A

Restraint- constitutional right to remain silence upheld
doesn’t directly limit power of other branches
Upholds fifth amendment

17
Q

Bucklew v Precythe (2019)

A

Description: convicted of murder, argued rare physical condition would lead to torturous death going against 8th amendment

Outcome: 8th amendment forbids cruel a and unusual punishment, doesn’t guarantee prisoner painless death

18
Q

Bucklew v Precythe (2019)
Restraint/Activism?
Any limits?
Change/new/same policy?

A

Politicization- divided along ideological lines
Activism- they executed him anyways going against 8th amendment
No limits
Goes against 8th amendment as he was prosecuted anyways

19
Q

Dobbs V Jackson (2022)

A

Description: addressed the constitutionality of a Mississippi Law banning most abortions after 15 weeks of pregnancy, potentially challenging the precedent set by Roe v. Wade regarding abortion rights in the United States.

20
Q

Dobbs v Jackson (2022)
Restraint/ Activism?
Any limits?
New/changed/same policy?

A

Activism: purposely changed policy to their religious views, actively changed constitutional rights
Politicization- 6-3 split ideology
Upholds federalism as it gives greater powers to states but doesn’t uphold rights
Established completely new precedent which reduced rights cited constitutional

21
Q

Shelby County v Holder (2013)

A

Description: the court struck down a key part of the Voting Rights Act of 1965, changing how certain states are monitored for changes to their voting laws.

Outcome: court ruled 5-4 that section 4 (b) of VRA was unconstitutional

22
Q

Shelby County v Holder (2013)
Restraint/activism?
Any limits?
new/changed/same policy?

A

Restraint: Section 4(b) of VRA was unconstitutional
Used to limit states rights to create law under 14th & 15th amendment
Created new voter ID laws and removes individuals from electoral register

23
Q

Allen v Milligan (2023)

A

Description: Alabama’s redistricting plan for its house seats left the state with one majority-Black district. They were
accused of gerrymandering to split the black vote, violating Section 2 of the Voting Rights Act.

Outcome: SC found that Alabama’s redistricting likely did violate Sec 2 of VRA and drew on previous cases establishing the precedent.
5-4 Decision with Roberts and
Kavanagh joining the 2 loose constructionist judges

24
Q

Allen v Milligan (2023)
Activism/ Restraint
Limits?
New/changed/same policy?

A

Restraint- Alabamas redistricting likely did violate section2 of VRA
No limits
Drew on previous cases to establish precedent

Politics paper 3 (2 decks)

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