Evaluate the view that the Supreme Court effectively protects rights.

Question 1

LoA

Answer 1

LoA - it effectively protects rights through its power of judicial review and role of interpreting the Constitution and the bill of rights protects rights.

Question 2

para 1 theme

Answer 2

ethnic minority rights

Question 3

para 2 theme

Answer 3

women rights

Question 4

para 3 theme

Answer 4

LGBTQ rights

Question 5

para 1 - ethnic minorities

Answer 5

• Brown v Board (1954) and Swann v Charlotte-Mecklenburg (dealt with the busing of students to promote integration in public schools) (1971).
  The SC has lay the ground work for protection of ethnic rights.

Question 6

para 1 - however

Answer 6

• In 2013 Shelby County v Holder, the SC effectively struck down the key part of the 1965 voting rights act when, in a 5-4 ruling, they stated that it was no longer necessary for nine states (largely in the deep south) to seek federal approval before changing their electoral laws. This allowed for the introduction voter ID which could negatively effect the turnout among ethnic minority voters
  Furthermore, the SC has been active in restricting AA in Gratz v Bollinger (2003) and Texas v Fisher (2013) where they ruled it needed to pass a strict test of scrutiny.

Question 7

para 1 - rebuttal

Answer 7

The SC has been activist in its protection of ethnic rights. Furthermore, its encroachment on AA is not necessarily a bad thing given the fact that it has become outdated.

Question 8

para 2 - women’s rights

Answer 8

• Roe v Wade (1973) allowed for abortion, one of the biggest advancements in women’s rights.
  In Whole Women’s Health v Hellerstedt (2016), The court voted 5-3 that Texas’ laws that placed new restrictions on abortion clinics in the state violated women’s constitutional right to abortion

Question 9

para 2 - however

Answer 9

• In Gonzalez V Carhart, the supreme court upheld the partial-birth abortion ban act which prohibited a form of late termination of pregnancy.
  A leak in 2022 found that the Supreme Court intends to turn over Roe V Wade 1973 in one of the biggest landmark cases in the overturning of women’s rights

Question 10

para 2 - rebuttal

Answer 10

The supreme court has been incredibly effective in the protection of women’s rights, most notably through allowing abortion rights

Question 11

para 3 - LGBTQ rights

Answer 11

• Obergefell v Hodges (2013) the court voted 5-4 ruled that the constitution guarantees a right to same sex marriage and imposed that decision on all states. It was celebrated as one of the greatest victories for rights protection in US history.
  In Pavan v Smith the Supreme court ruled that a part of an Arkansas law that gave opposite sex couples, but not same sex couple the rights to include a husband or wife’s name on their child’s birth certificate was unconstitutional

Question 12

para 3 - however

Answer 12

• In Karnovski v Trump (2019) the supreme court ruled to uphold the Trump administration’s policy of banning certain transgender people from the military. This was a conservative victory in the court.
  The current conservative court are known to hold traditional views, like ACB, have portrayed anti-gay marriage views, and so in the scenario of a case about LGBTQ rights could overturn them

Question 13

para 3 - rebuttal

Answer 13

The SC has been activist in its protection of LGBTQ rights, allowing their greatest victory through allowing gay marriage