SCOTUS A2 cases

Question 1

Burwell v Hobby Lobby Stores 2014

Answer 1

Part of ACA requiring family owned businesses to pay for health insurance coverage for contraception
court ruled 5-4

Question 2

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 2

Activism- made strong decision in protecting religious rights
also politicisation as divided 5-4

limited the exec/presidency as it was obama’s policy

removed part of ACA

Question 3

Snyder v Phelps 2011

Answer 3

Snyder father sued WBC for defamation after picketing son’s funeral and publcishing discriminatory religious statements
ruled 8-1 (Alito dissenting)

Question 4

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 4

Restraint-didnt rule in favour of snyder and did not get involved in political aspects of case
Limited individual’s liberty
upheld previous leg

Question 5

Citizens United v FEC (2010)

Answer 5

see 1st scotus cases flashcards

Question 6

Carson v Makin 2022

Answer 6

limited vouchers by disallowing them for religious based private schools
ruled 6-3 saying Maine’s restrictions violated the Free Exercise Clause

Question 7

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 7

activism and politicisation
limited power of state leg
removed new policy

Question 8

Kennedy v Bremerton School District 2022

Answer 8

Kennedy had been praying in fields after each game and skl board wanted him to stop and released his contract when he didnt resulting in kennedy suing them
sc ruled against saying establishment clause used to support lower courts previous ruling didnt allow gov to take hostile view of religioon in considering personal rights under Free Speech and FREE eXERCISE CLAUSE

Question 9

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 9

ACTIVISM
limited states powers,UPHOLDING INDY RIGHTS WEAKENING POWER OF LOWER COURTS
REMOVED NEW POLICY

Question 10

CREATIVE LLC v ELENIS 2023

Answer 10

Smith a graphic design owner wanted to expand into wedding websites but opposed same-sex marriage on religious grounds. She wanted to post a message explaining this
the COLORADO ANTI DISCRIMINATION ACT prevents business from discriminating on many characteristics including sexual orientation
6-3 decision SC ruled that Colorado could not force a designer to create expressive messages that the designer disagrees with
LAWS PROTECTING RIGHTS DO NOT COME BEFORE CONSTITUTIONAL PROTECTIONS

Question 11

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 11

ACTIVISIM
involved selves as an unelected body in political process
limited state rights as LAWS PROTECTING RIGHTS DO NOT COME BEFORE CONSTITUTIONAL PROTECTIONS
Upheld constitutional law instead of state law

Question 12

DC vs Heller 2008

Answer 12

see above

Question 13

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 13

ACTIVISIM
Gun rights to individuals
limit congress +states
new policy

Question 14

McDonald v Chicago 2010

Answer 14

Following DC vs HELLER the court ruled that the right to bear arms is protected by the second amendment and that the due process clause of the fourteenth this right cannot be infringed by state or local governments

Question 15

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 15

ACTIVISIM
Gun rights to individuals
limit congress +states
new policy

Question 16

New York State Rifle & Pistol Association v Bruen (2022)

Answer 16

2nd Amendment right to carry concealed and loaded handguns in public (removing existing legislation after Biden passed bipartisan gun control)

Question 17

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 17

Activisim-1
Gun rights to individuals
limit congress + presidency
new policy + removing existing legislation after Biden passed bipartisan gun control.

Question 18

Carpenter vs US (2018)

Answer 18

see above

Question 19

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 19

Activism
new policy

Question 20

Miranda v Arizona (1996)

Answer 20

Miranda confesses to rape unaware that he had the constitutional right to remain silent
The Court ruled 5-4 that Miranda had been denied this right that every suspect must be read their rights during evidence or else evidence will be inadmissible in court.
Miranda rights are now ingrained in law and US culture
“You have the right to remain silent”
Miranda was still found guilty

Question 21

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 21

Activism
“You have the right to remain silent”
Limits congress
Upheld previous constitutional law

Question 22

Salinas v Texas (2013)

Answer 22

Salinas was questioned by police in a non-custodial situation by police concerned in a double murder.
When asked if his shotgun would match shell casings recovered at the crime scene West Salinas went silent
At the trial the prosecutor used it as an admission of guilt
The court agreed that using silence as an admission of guilt did not violate the 5th amendment therefore weakening the the rights secured in Miranda

Question 23

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 23

Activism
limited courts previous decision
Ordered to uphold constitutional law
established new policy?

Question 24

Bucklew v Precythe (2019)

Answer 24

Bucklew was convicted of murder and argued a rare physical condition would lead to a longer and more tortuous death than injection
Justice Gorsuch said that majority voted against it as the 8th amendment forbids cruel and unusual methods of capital punishment.
This case was divided on ideological lines

Question 25

Restraint or Activism and politicisation?
Limits to other federal branches or states?
Uphold, remove or establish new policy?

Answer 25

Activism
Allowed the death penalty even if more painful than usual
limited constitutional rights
Did not uphold constitutional rights