Supreme Court Flashcards
NFIB v Sebellius (2012)
Upheld ACA
Ruled to be constitutional
Roberts sided with Liberal justices
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Restraint
State power limited
Upheld congressional act of ACA
Trump v Hawaii (2018)
Upheld executive order of trump Muslim ban due to terrorism concerns
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Restraint as upheld EO deferring to elected branch
Also politicisation
Limits congress ability to try and repeal as EO had support of court
Limits states rights to decide whether they want to uphold law
Upheld policy of Muslim travel ban
Whole woman’s Health v Hellerstedt (2016)
Upheld previous sc decision striking down texas law providing limits on abortion upholding Roe
5-3 decision with Kennedy (swing justice) joining Liberals
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Activism- as struck down policy and less politicisation as upheld previous decision so declaring precedence
Limited federalism and states rights infringed upon by reducing ability to legislate
Removed new policy and instead upheld previous policy from prior case which held precedence
Us v Texas (2016)
Limiting power of president. Obama passed DAPA to allow certain illegal immigrants to be granted deferred action status, indefinite delay on deportation but not full citizenship, allowing parents of lawful residents to remain in the country. Texas and 25 other states with Republican governors challenged DAPA on grounds that president overstepped his mark and needed congress’s approval. Obama did not have the powers needed and DAPA breached Article 2 of “take care that law should be faithfully executed”
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Activism- limiting power of an elected branch and decided to uphold appeals court decision due to politicisation in process as SC divided 4-4 on issue more cons stance on issue amd tie break led to stare decisis aand declared policy null and void
Citizens United v FEC (2010) & Mccutcheon v FEC (2014)
5-4
Found corporations and interest groups have 1st amendment rights, and created new policy of Super PACs being allowed to raise unlimited amounts for campaigning
McCutcheon removed limits to number of campaigns that can be donated to during elections.
Liberal justices in 5-4 decision wrote judgments ‘eviscerated our nation’s campaign finance laws’
Obama state of union address criticised decision and called on both parties to legislate but as of yet no leg has been passed
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Activism- struck down federal law to uphold constitutional law instead of allowing congress to legislate on issue being elected
Politicisation as strict constructionist ruling in favour of Conservative interpretation being narrow minded and not allowing for evolutionary change but living constitution
Limiting exec branch and Congress
Pres’s wish 4 Congress ro establish policy not granted ‘ congressional ability to legislate limited
Establish New policy as super PACs given rights to raise unlimited amounts more freedom granted without effective c+b
US v Windsor 2013
5-4
Defense of Marriage Act 1996 (DOMA) unconstitutional as it denied federal benefits to same sex marriages , creating equality but not legalising same sex marriages
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Activism- struck down federal law from elected branch
Limited congressional port
Removed DOMA
Obergfell v Hodges 2015
5-4 Established same sex marriage under equal protection of law provision of 14th amendment . Example of court being quasi legislative body
Restraint? Active? Politicisation?
Limits to the other branches of federal government or states?
Uphold, remove or establish new policy?
Activism- not elected yet control key decisions of public policy without mandate
Politicisation as took loose construction approach leading to split decision
Limited congress ability to legislate in area as from constitution and would have to go thru amendment process to change it.
Establish same sex marriage
Dc v Heller 2008
5-4 ruling that 2nd amendment guaranteed individuals right to possess firearms, for traditionally lawful purposes
