DEBATES ABOUT THE POLITICAL SIGNIFICANCE OF THE SUPREME COURT

Question 1

Example of USSC basically creating laws

Answer 1

Roe v Wade (1973) and Obergefell V hodges (2015) both made major changes happen

Question 2

What have critics labeled the USSC

Answer 2

Quasi-legislative body

Question 3

What do strict constructionists argue about the framers

Answer 3

They had no intention of authorising abortion or gay marriage

Claim these rulings are judicial activism and “legislating from the bench” - changes should only be made through amendment process

Question 4

What do many USSC justices prefer to practise

Answer 4

Judicial restraint where they uphold the principle of Stare Decisis

Question 5

What does Stare Decisis mean

Answer 5

common law

Question 6

Arguments USSC isn’t too political

Answer 6

Justices meant to be neutral

decisions made on the basis of legal arguments

A significant proportion of judgements are unanimous

Some don’t copy their president - Souter

Some don’t vote in one way - kennedy

Question 7

Examples USSC isn’t too political

Answer 7

Trump V Vance 2020 - Trump appointed Kavanaugh and gorsuch voted against trump

Bostock V Clayton 2020 - Even a conservative court ruled that employees had the right to not be discriminated against for being gay or trans

In 2020 the court rejected a bid by texas to throw out the results of 4 states that voted biden. 3 justices appointed by trump but ignored his rigged claims