Chapter 4 Supreme Court

Question 1

Example that shows increased politicisation

Answer 1

Biden promised in his 2020 campaign to appoint a black woman to the court for the endorsement of Democratic vote

Question 2

Example of a controversial decision; extremely politically decisive

Answer 2

Bush v Gore (2000)- ruled that a recounting in Florida was unconstitutional; essentially decided the outcome of the 2000 election

Question 3

Case affecting the 1st Amendment:

Answer 3

Snyder vs Phelps (2011)
8-1 ruling protected the ‘free speech of the Westboro Baptist Church’

Question 4

Case supporting 2nd Amendment:

Answer 4

DC vs Heller (2008)
5-4 ruling stating there is a right to individual gun ownership without a connection to a militia

Question 5

Legislation that was struck down by DC vs Heller:

Answer 5

struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional

Question 6

Case supporting the 2nd Amendment AND using the 14th amendment:

Answer 6

Chicago vs McDonald (2010)
-5-4 majority held that “the right to possess a handgun in the home for the purpose of self-defence” is applicable to the states through the 14th Amendment’s due process clause

Question 7

Case using 14th Amendment in their reasoning:

Answer 7

Obergefell v Hodges (2015)
-The right to marry is guaranteed to same-sex couples by the 14th amendment

Question 8

Example of failed nomination

Answer 8

2016 Merrick Garland -Senate blocked the nomination by refusing to vote
-Prevented the Court from switching to 5-4 liberal majority

Question 9

Example of Senate Judiciary Committee questioning:

Answer 9

Sonia Sotomayor was questioned about apparent racial and gender bias,
(by her publicly expressed view that a ‘wise Latina’ might make a better judge than a white male).

Question 10

Political motivations that presidents have when appointing a Supreme Court judge

Answer 10

• After appointing Sotomayor, Obama was able to increase his support amongst hispanic voters
• Biden promised to appoint a black woman as Supreme Court judge in 2022

Question 11

Justice John Robert’s court being more ideological conservative:

Answer 11

• DC v Heller 2008
• Citizens United v FEC 2010, McCutcheon v FEC 2014
• Shelby County v Holder 2013

Question 12

Case that overturned Roe v Wade

Answer 12

Dobbs v. Jackson Women’s Health Organization 2022

Question 13

SC striking down legislation

Answer 13

2015 Defence of Marriage Act was struck down by two SC rulings which legalised same sex marriage

Question 14

Controversial Supreme Court cases that accuse the SC of ‘finding rights that aren’t there’

Answer 14

• 2015 Obergefell v Hodges
• 2006 Gonzales v Oregon (euthanasia)

Question 15

Only way for Congress to overturn Supreme Court ruling:

Answer 15

Through constitutional amendment- only happened once (16th amendment) which overturned Pollock v Farmers’ Loan and Trust co. 1894

Question 16

Example of SC upholding rights:

Answer 16

Snyder v Phelps (2011)- upheld the right to free speech

Question 17

Supreme Court case that upheld affirmative action in higher education:

Answer 17

Fisher v Texas II (2016)

Grutter vs Bollinger (2003)-upheld the affirmative action admissions policy of the University of Michigan Law School.

Question 18

Supreme Court case that ruled against affirmative action in higher education:

Answer 18

Schuette v Coalition to Defend Affirmative Action (2014)- ruled in favour of Michigan’s right to outlaw affirmative action

Question 19

Methods used by civil rights campaigners

Answer 19

2014- NAACP organised a peaceful sit in at a Republican Party leader’s office in Raleigh

Question 20

Rights groups using the Supreme Court to litigate for their rights

Answer 20

2016- The National Council of La Raza (Hispanic rights group) successfully litigated against Nevada for its failure to register voters

Question 21

SC case for 8th Amendment-

Answer 21

Baze v Rees (2008), stated that lethal injection does not violate the 8th Amendment. (7-2)

Question 22

Black voter turnout 2008

Answer 22

Exceeded average turnout for the 1st time

Question 23

Political actions for the protection of rights (3)

Answer 23

• NAACP and Nativevote.org voter participation
• Obama creation of annual White House Tribal Nation summit
• Biden made Juneteenth a national holiday

Question 24

Protection of rights through socio-economic factors

Answer 24

• Affirmative Action
• Affordable Care Act 2010
• ‘Race to the Top’ $4.3 billion education grant to improve local schools (Obama)
• ‘My Brother’s Keeper’ initiative- addressed persistent opportunity gaps of boys and young men of colour (Obama)

Question 25

Supreme Court NOT protecting state rights

Answer 25

2012- NFIB v Sebelius, upheld the constitutionality of Obamacare as a form of tax