S.C. Debates Flashcards
Appointment Process too politicised
-influenced by partisan political considerations rather than qualifications
-Merrick Garland 2016, nominated by Obama, Senate rejected hearing arguing S.C. vacancy should not be filled during an election year
Appointment Process Not Politicised
-guarantees judicial integrity and legal qualifications of nominees
-nominees face the Senate Judiciary Committee where they undergo questioning on constitutional matters
Politicised due to Judicial Activism
-rulings have been influenced by personal or political considerations
-recent years show a shift towards a conservative judicial activism under Robert’s Court
-Citizens United v FEC 2010, demonstrates the Courts willingness to reinterpret the constitution in ways that align with Cons. ideologies
Not Politicised by Judicial Activism
-maintains judicial integrity despite conservative leaning as they demonstrated a more balanced approach in several cases, issuing rulings that lean towards liberal values
-Obergefell v Hodges 2015, legalised same sex marriage and Bostock v Clayton County 2020 extended workplace protections to LGBTQ
Citizens rights have been effectively upholded by the S.C.
-Obergefell v Hodges 2015 and Bostock v Clayton County 2020, improved LGBTQ rights and legalised same sex marriage
-1954 Brown v Board of Education deemed the separation of white and black students in schools unconstitutional
Citizens rights are effectively protected by the Government and Congress
-Affordable Care Act 2010, aiming to extend health insurance up to millions of uninsured americans