Kennedy Questions Flashcards
Are racial quotas legal? Do you believe in racial quotas?
Generally speaking, the the Supreme Court outlawed the use of racial quotas in the Bakke decision.
My beliefs are irrelevant on this point as I’m duty bound to follow the supreme law of the land. I think also forecasting my beliefs on this specific subject would show prejudgment on an issue that may come before me, and as a judge that’s something I would have to guard against.
Do you believe that abortion is an issue for the states?
In the recent ruling in Dobbs, the Supreme Court held that the question of abortion has been returned to the people and their elected representatives.
My beliefs are irrelevant on this point as I’m duty bound to follow the supreme law of the land. I think also forecasting my beliefs on this specific subject would show prejudgment on an issue that may come before me, and as a judge that’s something I would have to guard against.
Do you believe that the bar exam creates a systemic barrier to racial and ethnic diversity?
I have not personally done a qualitative or quantitive analysis of the bar exam and whether it furthers racial and ethnic disparities, so I cannot say one way or another.
What is qualified immunity for police officers?
Qualified immunity is a type of legal immunity. “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.”
If confirmed, and confronted with an issue of qualified immunity, I would research controlling precedent and apply if to the facts of the case.
What is the holding of Brown v. Board?
The Supreme Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment.
What is the holding of Marbury v. Madison?
The Court held that Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws.
In reaching this outcome, the Court established the principle of judicial review and the ability to declare a law unconstitutional.
What is the test the Supreme Court uses to overturn its precedent?
The Supreme Court recently identified factors that should be considered in deciding when precedent should be overruled in Dobbs v. Jackson Women’s Health Org. There, the court looked at five factors, including:
- The nature of the Court’s error
- The quality of the reasoning.
- Is the rule of the precedent workable.
- Effect on other areas of law
- Reliance interests
Why was the 9th amendment adopted?
The 9th Amendment states that rights not enumerated in the Constitution are retained by the people. I have not had occasion to research the impetus behind its inclusion.
What’s the legal basis for a universal injunction?
What is the legal basis for asserting executive privilege?
What civl rule covers injunctions?
Rule 65
What is the Erie doctrine?
The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court sitting in diversity jurisdiction (or in general, when hearing state law claims in contexts like supplemental jurisdiction or adversarial proceedings in bankruptcy) must apply state substantive law to resolve claims under state law, but federal procedural law.
What is the Religious Freedom Restoration Act (RFRA) test?
The Religious Freedom Restoration Act prohibits the Government from substantially burden[ing] a person’s exercise of religion even if the burden results from a rule of general applicability” unless the Government shows the burden:
- is in furtherance of a compelling governmental interest; and
- is the least restrictive means of furthering that compelling governmental interest.
In other words, RFRA imposes strict scrutiny on laws substantially burdening exercise of one’s religion even the burden stems from a generally applicable law.
Substantial burden in the RFRA context occurs when an individual is required to choose between following his or her religious beliefs and receiving a governmental benefit or when an individual must act contrary to his or her religious beliefs to avoid facing legal penalties.
What about critical race theory?
I’m generally aware of the term to the extent its been elevated to part of the national conversation, but I know it’s a specialized field of study in academia. I have no background in this field.
Judges don’t make or apply theories. Judges apply the applicable law to the facts in a case, and that is what I would do should I be confirmed.
Difference between privileges and immunities and privileges OR immunities?
The privileges and immunities clause is found in Article 4 of the Constitution and prevents states from discriminating against residents from other states or depriving them of fundamental rights.
The privileges or immunities clause is found in the 14th amendment and prohibits states from infringing on the federal constitutional rights of its residents.
