Essay plans - Judiciary Flashcards
Is the supreme court politicised?
NO:
Echo chamber of past presidents..
Realistically,
Judicial philosophies of court justices.
Amy Coney Barret 2021 - “Judicial Philosophies”, instead of party ties
Constructionist = Loose/strict
Activist
Conservative / liberal
Religion?
5-9 justices are Catholic.
Not legislating from the bench
Acting as congress, overstepping power as an unelected body.
Technically elected due to vote in congress & presidential nomination.
YES:
Yes political
Partisan decisions
Within appointment processes, the president chooses a judge, confirmed by Senate.
Increasingly partisan decisions when voting
Party ties therefore
2003 Partial-birth abortion ban act kickstarting Gonzales v Carhart
Brown v topeka
Brown v. Board of Education was a landmark U.S. Supreme Court case in 1954 that declared state laws establishing separate public schools for black and white students unconstitutional. The decision paved the way for the desegregation of public schools and played a crucial role in the civil rights movement in the United States.
Roe v Wade
Roe v. Wade was a landmark U.S. Supreme Court case in 1973 that established the constitutional right to abortion. The decision legalised abortion nationwide and continues to be a significant and controversial ruling in the ongoing debate over reproductive rights.
Bush v Gore
Bush v. Gore was a landmark U.S. Supreme Court case in 2000 that effectively determined the outcome of the presidential election between George W. Bush and Al Gore. The Court’s ruling halted the recount of disputed Florida ballots, leading to Bush’s victory and his subsequent inauguration as the 43rd President of the United States.
District of Columbia v Heller
District of Columbia v. Heller was a landmark U.S. Supreme Court case in 2008 that affirmed an individual’s right to possess firearms for self-defense within their home. The Court ruled that the District of Columbia’s handgun ban and requirement of firearms to be disassembled or trigger-locked violated the Second Amendment of the United States Constitution.
Citizens united v federal electoral commission
Citizens United v. Federal Election Commission was a landmark U.S. Supreme Court case in 2010 that held that political spending by corporations and unions is a form of protected speech under the First Amendment. The decision struck down certain restrictions on independent expenditures by corporations and unions in federal elections, leading to increased influence of money in politics.
Obergefell v Hodges
Obergefell v. Hodges was a landmark U.S. Supreme Court case in 2015 that held that the fundamental right to marry is guaranteed to same-sex couples by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The decision legalised same-sex marriage nationwide, requiring all states to recognise and perform same-sex marriages.
Trump v Vance
Trump v. Vance, officially known as Trump v. Vance, District Attorney of the County of New York, was a U.S. Supreme Court case in 2020 that addressed the issue of whether a sitting president can be compelled to disclose his financial records to a grand jury during a criminal investigation. The Court ruled that the president does not have absolute immunity from state criminal subpoenas and that a sitting president can be subject to investigation and potentially compelled to produce evidence.
‘Judicial independence and neutrality is stronger in the UK than it is in the US.’ Analyse and evaluate this statement.
SELECTION AND APPOINTMENT OF JUDGES
US, president nominates a judge that has a judicial philosophy which potentially benefits the party. Therefore less independent than the UK.
e.g. Ketanji Brown Jackson, loose constructionist / constitutional reformer, which is in line with the democrats / Biden… Also Brett Kavanagh with Trump
UK Supreme Court justices must have been either a senior judge for at least 2 years or a senior courts lawyer for 15 years. candidates apply for the position as they would for any job, are selected by an independent selection committee (the Judicial Appointments Commission), and then presented to the Lord Chancellor (a government minister) for approval, in a process which receives much less media attention than the appointment of justices in the US. The Lord Chancellor can reject one name with good reason, or ask the committee to reconsider once, but then must approve the appointment.
RULINGS
Judicial rulings are more politicised in the US than the UK. judicial philosophies of judges can lead to constitutional interpretations which dramatically effect the political system / laws, due to codified constitution.
e.g. Citizens united v Federal electoral commission 2010, campaign finance can be unlimited, protected under 1st amendment.
UK supreme court less politicised due to uncodified constitution, which doesn’t allow for interpretation like the US SCOTUS. Additionally, the UK SC isn’t part of the checks and balances system in comparison to the US.
POWERS
SCOTUS has the power of judicial review which it can use to declare the actions / laws of any other body of government as unconstitutional.
UK cannot do this due to parliamentary sovereignty, however, can declare the executive as ultra vires, as seen in 2019’s proroguing of parliament.
Marbury v Madison 1803
The case which gave SCOTUS the power of judicial review.
Ultra Vires
When an elected body oversteps their power
