SC Evidence Flashcards
Justice Antonin Scalia 1986
98-0 vote in senate
Shows before partisan voting patterns
Increasingly political
Appointment aligns with policy aims of president
Trump v Anderson 2024
Ruled that only Congress has the authority to disqualify Trump as a candidate from States
Political versus judicial nature of Supreme Court
Appointment process
Judicial activism - originalism
Role in the political system - some of the most important changes come from the SC
But serves to uphold the constitution
Amy Comey Barrett
Hearings concentrated on her judicial philosophy and past rulings, reflecting an attempt to assess her legal approach and expertise.
Clarence Thomas
Originalist
Concurred with majority in overturning of Roe v Wade
Justice Sonia Sotomayor
Living constitution
Tends to consider broader implications of the Court’s decision on society.
Obergefell v Hodges joined the majority in expanding the interpretation of the fourteenth amendment.
Criticised overturning of Roe v Wade
Dobbs v Jackson Women’s health organisation
Brown v Board of education
Ruled segregation in schools in unconstitutional
Congress preventing rights
Congress failed to pass the DREAM act, which would’ve provided a pathway to citizenship for undocumented immigrants brought to the US as children.
Encroaching on civil rights
Trumps handling of immigration enforcement with measures like family separation raised concerns about violations of human rights
Affirmative action
Success:
Increase diversity in higher education tackles prejudice. Grutter v Bollinger.
Promoting workplace diversity
Promoting equal opportunities
Failures:
Recent Supreme Court rulings have gone against affirmative action
Reverse discriminations and equal opportunities concern
Stigmatisation and increased racial tension
Congress promoting racial equality
Voting Rights Act 1965
Civil rights act 1964
