SCOTUS

Question 1

The nature and role of the Supreme Court.

Answer 1

Strict Constructionism – The belief that the Constitution should be interpreted literally, limiting the federal government to powers explicitly stated.

Loose Constructionism – The view that the Constitution allows for broader interpretation, granting the federal government implied powers to address modern needs.

The independent nature of the Supreme Court - its Apolitical body

Question 2

Factors which reinforce the independence of SCOTUS

Answer 2

has remained as nine members since 1869.
Consistent structure of 9 judges has prevented the other branches from attempting to pack the court with their allies. This structural rule has enhanced the independence of the court for over 150 years.
Article III also states that a SC justice is guaranteed the role for life and cannot be dismissed if Congress disagrees with their decisions. Likewise, their salary is protected by article III of the Constitution, which prevents Congress or the president from using salary as leverage against the justices.
Separation of powers grants the supreme court constitutional independence, whilst judicial review allows the Court to check the power of the president and Congress.
The American Bar Association (ABA) is an interest group which is made up of professional lawyers, rather than just political actors. The ABA rates the sustainability of the nominee and their understanding of the law and the Constitution.
Ketanji Brown Jackson (appointed in 2022) was rated ‘well-qualified’
Amy Coney Barett (appointed in 2020) was rated ‘well-qualified’
Finally, justices have security of tenure, once they are appointed, they are there for life.
Some justices have gone on to ‘disappoint’ their political patrons - not voting on the ideological lines they were appointed on.

Question 3

The judicial review process (Marbury vs Madison 1803 and Fletcher vs Peck 1810).

Answer 3

In Marbury v. Madison (1803), the U.S. Supreme Court, led by Chief Justice John Marshall, established the principle of judicial review by ruling that part of the Judiciary Act of 1789 was unconstitutional, affirming the Court’s power to strike down laws that conflict with the Constitution.

In Fletcher v. Peck (1810), the Court extended judicial review to state laws, ruling that Georgia’s repeal of a land grant was unconstitutional, reinforcing the supremacy of the Constitution over state legislation.

Question 4

Strengths of Judicial Review

Answer 4

Ensures judicial independence - salary rate is fixed and justices with life tenure cannot be sacked unless they are found guilty in the impeachment. Therefore, they are immune to the threat of tenure.
Ensures judicial ability - In 2005, Harriet Miers as the George W Bush nominee was rejected due to lack of prior experience as a judge and being a close friend and advisor to Bush.
Ensures personal suitability - In Kavanaugh’s hearing, he had an over 32 hours hearing from the Senate Judiciary Committee to investigate if he really had sexually assaulted several women due to improper FBI investigations into allegations.

Question 5

Weaknesses of Judicial Review

Answer 5

Confirmation process can be used for political purposes because it was a rubber stamp in the past. The confirmation process has changed. Justice Roberts in 2005 as a Bush nominee only had a 17-hour hearing with a result of 78-22 vote in congress that some Democrats voted for him, whereas Justice Kavanaugh in 2018 nominated by Trump had an over 32 hours hearing with loads of questions including from the Vice President Kamala Harris whilst Kavanaugh accused Harris that she made him cry. He also had a close vote of 50-48. Therefore, the changes in duration and the tension in hearing can be interpreted as a political appointment process.
The confirmation process is open to abuse because the Senate Judiciary Committee holds the power to decide if confirmation process will be held, e.g. Mitch McConnell as the minority leader of the Senate and the member of the Senate Judiciary Committee refused to hold a hearing to confirm Merrick Garland who was Obama’s nominee.
Presidential nominees can be the political legacy for presidents when they leave the executive office, e.g. Trump successfully appointed 3 justices including Neil Gorsch, Brett Kavanaugh and Amy Coney Barrett to extend his legacy and exert influence over the Supreme Court decisions. Especially Justice Amy Coney Barrett was accepted in a rush, two weeks before the presidential election 2020.
Appointment process is ineffective to investigate the background of the nominees and some of them do not even have judicial ability. Justice Thomas was accepted with a close vote of 52:48 whilst he had only been a judge for a year and he never wrote a legal book, article or brief of consequence. Also, he and Kavanaugh are accused of sexual harassment and sexual assault from ex colleague and several women, yet they still become justices.

Question 6

Factors influencing the president’s choice of nominee.

Answer 6

Ideological leaning
Organism/strict constructionist - justices who have strict interpretation on; original meaning (from the literal meaning of the constitution), favour state autonomy over federal power. e.g. Roe v. Wade (1973) was overturned by Dobbs v. Jackson (2022) and this retrieves the power to control abortion rights to the states.
Liberal/loose constructionist - justices who have loose interpretation as; constitution is a living, dynamic and thriving document (pragmatic approach on constitution and move/evolve with the society), favour federal power over state control. e.g. Obergefell v. Hodges (2015) to allow same-sex marriage in a federal level.
Judicial ability
Kagan was nominated due to her judicial academic background (Professor of Harvard Law School) and legal career of solicitor general of the US
Alito was nominated with his 15-year legal experience as a justice in the US Court of Appeals for the Third Circuit
Roberts was nominated by George W Bush with legal career of legal clerk for Justice Friendly and Justice Rehnquist, and 4-year experience of justice in the US Court of Appeals for the District of Columbia Circuit
Ketanji Brown Jackson was nominated by Biden with a legal career of United States Court of Appeals for the District of Columbia Circuit, federal public defender, and the vice chairperson of the United States Sentencing Commission
Harriet Miers was rejected in the confirmation process due to a lack of prior legal experience as a judge
Political motivations
Sonia Sotomayor was nominated by president Obama with interpretation of Obama’s Hispanic support
Ketanji Brown Jackson was nominated by president Biden with interpretation of Biden’s Black support
Social characteristics
Amy Coney Barrett was nominated by Trump, as a female judge who is anti-abortion from her past legal experience before becoming a SCOTUS justice (but eventually she is pro-abortion)
Clarence Thomas was nominated by George Bush, as a Black man who opposes affirmative actions
Age
Younger justices tend to be chosen due to a longer serve in court to exert judicial influence, e.g. Justice Thomas was accepted at the age of 43.

Question 7

Current SCOTUS

Answer 7

Chief Justice John Roberts (Conservative):
Appointed by George W. Bush in 2005.
Often serves as a swing vote in closely divided cases.
Clarence Thomas (Conservative):
Appointed by George H.W. Bush in 1991.
Known for his originalist views and strong conservative stance.
Samuel Alito (Conservative):
Appointed by George W. Bush in 2006.
A reliable conservative voice on the Court.
Neil Gorsuch (Conservative):
Appointed by Donald Trump in 2017.
Known for his textualist approach to statutory interpretation.
Brett Kavanaugh (Conservative):
Appointed by Donald Trump in 2018.
His confirmation was highly contentious, reflecting deep partisan divides.
Amy Coney Barrett (Conservative):
Appointed by Donald Trump in 2020.
Known for her originalist views and conservative legal philosophy.
Elena Kagan (Liberal):
Appointed by Barack Obama in 2010.
A prominent liberal voice, known for her pragmatic approach to the law.
Sonia Sotomayor (Liberal):
Appointed by Barack Obama in 2009.
The first Latina Supreme Court justice, known for her strong liberal positions.
Ketanji Brown Jackson (Liberal):
Appointed by Joe Biden in 2022.
The first African-American woman on the Supreme Court, known for her progressive views.

Question 8

The Impact of the Supreme Court on Public Policy in the United States

Answer 8

The Supreme Court of the United States (SCOTUS) plays a significant role in shaping public policy through its power of judicial review, established in Marbury v. Madison (1803). This case granted the Court the ability to overturn Congressional acts deemed unconstitutional, laying the foundation for judicial influence over legislation and executive actions. Since then, SCOTUS has intervened in key areas such as civil rights, healthcare, voting rights, and individual liberties.

Question 9

Healthcare and Congressional Power:

Answer 9

NFIB v. Sebelius (2012): The Court upheld the Affordable Care Act’s individual mandate, ruling it constitutional under Congress’s taxing power. This decision significantly impacted healthcare policy by preserving the ACA and expanding access to health insurance for millions of Americans.

Question 10

Civil Rights and Liberties:

Answer 10

Obergefell v. Hodges (2015): SCOTUS ruled that same-sex couples have the constitutional right to marry under the Due Process and Equal Protection Clauses of the 14th Amendment. This landmark ruling legalized same-sex marriage nationwide, reflecting the Court’s role in advancing LGBTQ+ rights.

Loving v. Virginia (1967): The Court struck down laws banning interracial marriage, citing violations of the Equal Protection and Due Process Clauses. This decision was a pivotal moment in the civil rights movement, dismantling race-based legal barriers.

Roe v. Wade (1973): SCOTUS recognized a woman’s right to abortion under the right to privacy. However, in Dobbs v. Jackson Women’s Health Organization (2022), the Court overturned Roe, returning the power to regulate abortion to individual states. This decision marked a shift toward conservative judicial activism.

Question 11

Voting Rights and Election Law:

Answer 11

Shelby County v. Holder (2013): The Court invalidated key provisions of the Voting Rights Act of 1965, removing the requirement for certain states to obtain federal preclearance before altering voting laws. Critics argue this ruling facilitated voter suppression by allowing states to implement restrictive voting measures without oversight.

Question 12

Religious Freedom and the Separation of Church and State:

Answer 12

Kennedy v. Bremerton School District (2022): The Court ruled that public school coaches praying with students after games constituted protected speech, signaling a shift in the interpretation of the First Amendment and weakening the separation between religion and public education.

Question 13

Criminal Justice and Procedural Rights:

Answer 13

Miranda v. Arizona (1966): SCOTUS established the requirement for law enforcement to inform detainees of their rights (Miranda Rights), safeguarding against self-incrimination and ensuring fair legal procedures.

Riley v. California (2014): The Court ruled that police must obtain a warrant to search digital information on mobile phones, reinforcing Fourth Amendment protections against unreasonable searches and seizures

Question 14

First Amendment Protections:

Answer 14

Snyder v. Phelps (2011): In a controversial ruling, SCOTUS upheld the right of the Westboro Baptist Church to stage offensive protests at military funerals, reinforcing the protection of free speech even when it causes emotional distress.

Question 15

Second Amendment and Gun Rights:

Answer 15

District of Columbia v. Heller (2008): The Court ruled that the Second Amendment protects an individual’s right to possess firearms for self-defense, striking down D.C.’s restrictive gun laws and expanding gun rights

Question 16

Executive Power and Limits:

Answer 16

Boumediene v. Bush (2008): SCOTUS ruled that detainees at Guantanamo Bay have the right to habeas corpus under the Suspension Clause, limiting executive authority and protecting detainees from indefinite detention without trial.

The Court also blocked President Biden’s executive order requiring large employers to mandate COVID-19 vaccinations or testing, illustrating judicial checks on executive actions.

Question 17

Judicial Activism vs. Judicial Restraint:

Answer 17

SCOTUS decisions often reflect either judicial activism (interpreting the Constitution to address societal needs) or judicial restraint (limiting rulings to narrow interpretations of the law).

Judicial activism has advanced civil rights (e.g., Brown v. Board of Education (1954)) and social progress, while judicial restraint emphasizes deference to elected branches (e.g., Johnson v. Texas (1989)).

Question 18

Evaluation of SCOTUS

Answer 18

Political Significance and Criticisms:
The Supreme Court acts as a quasi-legislative body by making decisions that shape national policy. Critics argue this undermines the role of Congress, while proponents believe it addresses legislative gridlock and protects minority rights.

Additionally, presidential appointments influence the Court’s ideological balance, as seen in President Trump’s nominations of Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch, which created a conservative majority. This shift influenced decisions on abortion, gun rights, and religious liberty.

In conclusion, the Supreme Court remains a powerful force in shaping U.S. public policy through landmark rulings that redefine rights, liberties, and the scope of government power.

Question 19

SCOTUS weaknesses

Answer 19

Only Congress can protect rights and make social progress by codifying laws
THEREFORE: SCOTUS can only make temporal, unentrenched rulings and protection of rights from SCOTUS is fragile -> not exposing the weakness of Congress

Question 20

SCOTUS strengths

Answer 20

The Court can act as a check on Congressional inaction or oppression, stepping in when Congress fails to address pressing rights issues (e.g., Brown v. Board of Education).
SCOTUS can provide immediate relief in ways Congress often cannot due to political gridlock.
Judicial review allows SCOTUS to invalidate unconstitutional laws, reinforcing protections from legislative overreach.

Question 21

SCOTUS isn’t Political

Answer 21

A president nominates someone who is likely to to reflect their ideology
example: Trump’s selection of Justice Neil Gorsuch in 2017 who had conservative principles
Although it is not considered a political position, many justices remain close to the President, which could reflect their turnout of bills and legal cases.
example: Abe Fortas had a direct phone line to the president of the United States (L.B Johnson) and even wrote some of his speeches.
Justices also accepted outside income and affiliated with third-party interest groups.
LBJ went so far as to order a direct White House line installed in Fortas’ home and office, enabling the president to reach him at all times of the day
As associate justice, Fortas violated a bright red line when he knowingly shared important information with the president concerning court deliberations and weighed in on matters of policy and constitutional law. In one case, he advised the administration on a matter involving the Interstate Commerce Commission’s approval of a railroad merger and then participated in a court case on the very same matter.
Bush v. Gore (2000) had an influential impact on determining who would win and become the POTUS (George W Bush)
The nomination process becomes a focal point in the national debates with interest groups, media and public - politically motivated
Justice Kavanaugh 2018 faces intense scrutiny/highly publicised confirmation process due to allegations of sexual misconduct
Role of the media for portraying Supreme Court justices - nominated by Bush, accused Clarence Thomas of sexually harassing a lady - tarnished his reputation.
Media were supposed to highlight his good points, however had controversial ideologies - scrutinised by abortion rights activists and voted to overturn Roe vs Wade.

Question 22

SCOTUS is Political

Answer 22

Legal position therefore should be more impartial
e.g. Amy Coney Barrett - swing to pro-abortion in Dobbs v. Jackson (2022)
Fundamental role is to protect the rights of all Americans even as different parties take power
Serve for life until they choose to retire / impeach from office which promotes long term stability compared to the President who has a political role who can only serve for up to 2 terms in office.
Judges are expected to interpret and apply the law impartially regardless of their personal or political views - judges once on the bench prioritise legal principles over political ideology when making a decision - this commitment to the rule of law is seen as a counterbalance to the political nature of the appointment process.
Bipartisan support can be seen as an indication that the nominee is not solely a political choice as there is some agreement over party lines.
Senate has right wing and left wing members so they must nominate a candidate that is likely to be accepted - in the middle
Judges are chosen on the basis of education, however do not need to qualify if they are not born in the USA, however to become the President of the USA, must be citizen-born.