Judicial Branch Flashcards
Representation
U.K.
Only one of 10 U.K. Justices female -Justice Rose
US
Only five of the nine judges are female
US
2022 Biden appointment Jackson to the Supreme Court with 53/100 votes when only 51 votes out of 100 are needed.
U.K. Rose appointed to U.K. Suprme Court in 2021
The Queen made the appointment on the advice of the Prime Minister and Lord Chancellor
Legislation
2015 Obergefell v. Hodges
• As well as interpretations the bill of rights. Supreme Court decided public policy which is at the front of Poltical debate.
In Obergefell v Hodges the court ruled 5-4 that the state bans that prohibit same sax marriage was a violent ion of the 14th ammendment.
The U.S. Supreme Court on Monday turned away Facebook’s bid to pare back a $15 billion class action lawsuit accusing the company of illegally tracking the activities of internet users even when they are logged out of the social media platform.
U.K.
Abortion ruling in 2021
- A women with Down Syndrome took Savid Jarvid to the High Court
- They challenged the Department of Health and Social Care over the Abortion Act 1967, which sets a 24-week time limit for abortions unless there is “substantial risk” of the child being “seriously handicapped”.
The Women lost but due to this ruling being based on the act it proves Judical Branch fit for purpose but there was a lot of controversy
Currently, there is a 24-week time limit for abortion, unless “there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped” .
Mrs Carter, who campaigns under her given name of Crowter, previously wrote to Health Secretary Matt Hancock saying all non-fatal disabilities should be subject to the same standard 24-week limit.
Checks over the Executive
US Executive can pass bills without it needing to passed in Congress but can not create new laws but Judicial branch can overturn if unconstitutional Example - Biden’s Executive Order managed to pass the Mask Mandate in 2021 which the Judicial Branch didn’t decide to overturn.
But even when Conservative dominate ruled Trump executive order 2017 banning immigrants from Muslim majority countires unconstitutional proving representation unimportant as Courts acts in the interest of the country.
On 24 September, the Supreme Court ruled unanimously that the prorogation was both justiciable and unlawful, and therefore null and of no effect. The court found that Johnson’s advice to the Queen to prorogue Parliament ‘was outside the powers of the Prime Minister’
Experts
Laura Williamson
It’s true that a Supreme Court that is perceived as partial, partisan, and unfair—and which has lost its legitimacy in the eyes of the American people—cannot fulfill its duty to deliver equal justice under law.
Dylan Matthews:
“The state of laws governing everything from abortion to environmental regulation to health care to national security depends, in part, on when exactly elderly judges happen to die.”
Jacob Hale Russell
“How could it be that the most important decision a President makes is picking one non-elected lawyer?”
Judical check on Exec
Isolated
Bring in Progation for laws
Also if PM/Prez acts unconstitutional it can be overturned for the head of state para with Boris currently being scrutinised by Judical for Covid cases. Link heavily
Again it’s a reserve essay
