Examples to use in essays

Question 1

Dunn v Ray (Muslim case) and Murphy v Gollier (Buddhist case)

Answer 1

• The Supreme Court delivered two very different decisions for two similar cases.
• The cases involved Muslim and Buddhist prisoners who challenged rules preventing their spiritual advisers from being by their side during execution.

Question 2

Dunn v Ray and Murphy v Gollier - When these examples can be used

Answer 2

• This is arguably evidence that the court is more willing to uphold the religious rights of Christians than non-Christians. This is more evidence of the court being more politicised.
• Also evidence that the court is failing to uphold the establishment clause of the first amendment. (the clause prevents the state favouring one religion over another)

Question 3

Dunn v Ray and Murphy v Gollier - Counter argument

Answer 3

• Justice Kavanaugh argued the rulings were different because Ray made this request two weeks before his execution, compared to Murphy who made it in a more timely matter (30 days).

Question 4

Nomination of Merrick Garland and more proof of the court being politicised

Answer 4

• Obama nominated liberal judge Merrick Garland to fill Antonin Scalia’s seat. However, Senate majority leader Mitch McConnell blocked any votes happening on the nomination and said the appointment should be chosen by the following president instead.
• However, a counter argument is that he was a lame duck president with Congress also under Republican control.

Question 5

Supreme Court justices and the media

Answer 5

• Some justices have had an increasing tendency to speak out about political events, often causing political tension.
• For example, Justice Alito spoke out against the ruling in Snyder v Phelps [2011].