Supreme Court Flashcards
Whats the closest any SC judge has been to being impeached/removed?
Abe Fortas resigning in 1968 rather than face impeachment
What do Strict Constructionists beleive
usually conservative, an often literl interpretation of the Constitution
- Otherwise knwon as originialists as they look at intent of founding fathers
What do loose Construtionists beleive
Interpret document in current context, usually liberal they see doc as living consitutition
Although Presidents can choose a judge which usually reflects their opinon, what is an example of the opposite happening?
Eisenhower choosing Earl Warren during civil rights and expecting him to be conservstive when he was actually ver progressive - Brown v Topeka (1954)
Who was the ‘Swing Vote’
Anthony Kennedy
In the 23 decisions in which the justices split 5-4, Kennedy was in the majority in 18
What requirements do SC judges need to be appointed?
None - do need majoirty in both houses of congress tho
What effect does the Senate Judiciary Committee have ?
usually asks patsy questions if favours president
- Usually a good indication of how senate vote will go Ruth Bader Ginsburg, unanimous vote in Committee + 96-3 in Senate - Clarence Thomas - 7-7 on Committee and 52-48 in Senate
What is a good example of the lack of bipartisan support the Senate Judiciary Committee now creates?
Ability now to invoke a Cloture by a simple majority (one party) shows how Justices used to command more bipartisan support
Why can the SC be described as ‘quasi-legislative’?
Can be seen to make ‘new laws’ - ‘Roe v Wade, 1973 + ‘Brown v Topeka’, 1954
Some argued Roe v Wade wold have been more impactful had it been a congressional law
What is Judicial Activism?
- refers to court rulings that are based on the judge’s political or personal considerations, rather than existing laws - Civil Rights, Warren Court
Activism can be regressive - current court is activist - Abortion, 2nd Amendment, Climate Change
What is judicial restraint
a belief that judges should limit the use of their power and should not declare laws unconstitutional, unless there is clear conflict with the Constitution
‘Stare Decisis’ - ‘to stand by things decided’; judges sticking by precedent established by previously decided cases
What are three restriants on Judicial Review?
Public Opinion; the Striking down of new deal legislation in 1930s showed SC as out of touch with people and thereofore undemined its status
Lack of Enforcement Power - SC has no legislative backing so can’t enforce laws - e.g. Southern states refusing Civil Rights acts in 50s + 60s
Legal Process- Judges only have access to cases that are brought before them - they cannot decide on anything they want
An example case of the SC defending the Freedom of Religion?
Burwell v Hobby Lobby Stores 2014
SC ruled that profit organizations had the right to deny employees access to healthcare if they wanted an abortion
An example case of the SC defending the Freedom of Speech ?
Citizens united v Federal Electoral Commission 2010
Ppl wanted to make a film about Hilary clinton
- FEC said they should be allowed because of free speech
- case had huge implications on campaign finance
An example of the SC protecting the Second Amendment
District of Columbia v Hedges, 2008
Allows carry of hanguns, split by ideology
New York State Rifle and Pistol Associaiton v Bruen -2022
- allows unconcealed carry
What was the issue that Republicans had with Obama care?
Obamacare worked on making Halthcare available for all but this meant that everyone HAD to HAVE it in order to be eligble - so all businesses had to offer
Seen as a “job killer” by Republicans - Trump spends lots of time trying to get rid of it
What case upheld ObamaCare saying it didn’t infringe on cosntitutional rights?
‘National Federation of Independent Businesses vs Sebelius’ , 2012
What was Trumps Travel Ban?
Original order (jan 2018) barred people from 7 majority-Muslim countries- from entering the US for 90 days.
Revised order in March removed Iraq from the list (after it agreed to boost cooperation with the US), and also lifted an indefinite ban on Syrian refugees.
In June, the SC allowed this new version to take partial effect
Executive Order/’Protecting the Nation from Foreign Terrorist Entry into the United States’ limited travel to US from certain countries and bars entry for all refugees who do not possess either a visa or valid travel documents
What was the SC’s reaction to Trump’s travel ban?
The Court delivered its opinion on June 26th, 2018, ruling 5-4 that upheld the validity of the travel ban as within the President’s powers - split along ideological lines
What can be seen to undermine the legitamcy of the SC in 2021-22
Court finished 2021-22 term with historically lowest approval rating of just 25%
What undermined the position of Cheif Justice Roberts
Roberts support 15 week max in Minssourie but not completely reversing RoevWade yet it was pushed through by conservative bloc
What are shadow dockets and how can they be used?
SC power to deal wth emergency issue breifs -
as it takes a long time for cases to reach SC, these allow issues to go straight up but undermines transparancy as issues are not formally argued in front of SC
2 examples of shadow dockets
sept 2021, allow texas to restrict abortion
2021, preventing trans ppl from serving openly in army
