Supreme Court and public policy

Question 1

What is a swing justice ?

Answer 1

• They are the centrist judge who often find themselves holding the decisive casting vote in a 5-4 split
• Eg until 2018 the swing justice was Anthony Kennedy now it has moved ideologically conservative

Question 2

What are strict constructionalists ?

Answer 2

• A Supreme Court justice who interprets the constitution strictly or literally
• They tend to stress the retention of power by individual states

Question 3

what are Loose constructionists ?

Answer 3

• A SC justice who interprets the constitutionalist less literally
• They tend to stress broad grants of power to the federal government

Question 4

What is originalism ?

Answer 4

• A supreme court justice who interprets the constitution in line with the meaning of the framers at the times of enactment

Question 5

What is a liberal justice ?

Answer 5

• A justice who interprets the constitution more broadly in order to bring about social change
• More progressive stance on controversial issues eg affirmative action and separation between church and state

Question 6

What is Judicial restraint ?

Answer 6

• Term associated with conservative judges

- The court shouldn’t create law and that task belongs to elected politicians and legislatures

Question 7

What is a living constitution ?

Answer 7

• The constitution considered as a dynamic, living document, interpretation of which should take account of the views of contemporary society

Question 8

What is judicial activism ?

Answer 8

• A term associated with more liberal judges
• Sees the constitution as a living document rather than static text
• Focuses on the spirit of the constitution rather than the precise wording

Question 9

How is Brown v. Board (1954) an example of judicial activism? How is Roe v. Wade (1973) an example of judicial activism?

Answer 9

Brown v. Board outlawed the segregation of education in the US, beginning to dismantle the idea of Jim Crow Laws.
Roe v. Wade declared that the right to an abortion was a constitutionally protected right available to a woman.

Question 10

How was Obergefell v Hodges (2015) an example of judicial activism?

Answer 10

Obergefell v. Hodges legalised same-sex marriage in the US.

Question 10

How was Citizens United v. FEC (2010) an example of judicial activism?

Answer 10

Citizens United v. FEC ruled that limits on political expenditures in favour of campaigns that were independent of those campaigns was a violation of the First Amendment.

Question 11

How was DC v. Heller (2008) an example of judicial activism?

Answer 11

DC v. Heller ruled that the right to bear arms extended beyond militia membership and included self-defence.

Question 12

How was Bush v. Gore (2000) an example of judicial activism?

Answer 12

Bush v. Gore awarded the Presidency to Bush following a disputed election outcome in Florida.

Question 13

How do judges with the judicial activist mindset see the relationship and powers of the Court with the legislature and executive?

Answer 13

Activist judges largely see themselves as having an equal responsibility and power to the Executive and Legislature in shaping policy.

Question 14

What issues arise from the philosophy of judicial activism?

Answer 14

Judicial activism brings the unelected and unaccountable Supreme Court into conflict with democratically elected and accountable politicians over their decision making, often making judgements that avert the status quo that would never be passed in Congress.

Question 15

What is a stare decisis?

Answer 15

A stare decisis is a legal principle that, wherever possible, judges should allow a decision to stand.

Question 16

How is Whole Woman’s Health v. Hellerstedt (2016) an example of judicial restraint?

Answer 16

Whole Woman’s Health v. Hellerstedt saw Roe v. Wade upheld through the principle of restraint when a Texas state law obstructing women from abortions was struck down.

Question 17

How is Bucklew v. Precythe (2019) an example of judicial restraint?

Answer 17

Bucklew v. Precythe saw the Court protect the execution of prisoners despite it potentially being painful, placing the onus on the prisoner to prove that any punishment is cruel and unusual. Upheld the principle of the death penalty.

Question 18

How did the Supreme Court adopt judicial restraint with regards to Obamacare through 2012’s Sebelius ruling?

Answer 18

2012’s Sebelius ruling upheld the federal government’s Affordable Care Act by accepting its funding plans as a form of tax. This upheld existing public policies and preserved the health agenda of Obama’s government.

Question 19

How did the Supreme Court adopt a policy of judicial restraint with regards to Trump’s travel ban?

Answer 19

The Supreme Court upheld Trump’s 2017 travel ban, accepting the decision of the federal government to prevent travel to the US from certain majority Muslim countries as this was arguably justified.

Question 20

How did the Supreme Court adopt a policy of judicial restraint with regards to Trump’s travel ban?

Answer 20

The Supreme Court upheld Trump’s 2017 travel ban, accepting the decision of the federal government to prevent travel to the US from certain majority Muslim countries as this was arguably justified.

Question 21

How did the Supreme Court show judicial activism with regards to Obama’s existing immigration policy?

Answer 21

The Supreme Court overturned Obama’s DAPA Executive Order which would have postponed the deportation of undocumented immigrants. The Court argued that Obama had exceeded his powers in doing so.

Question 22

How did the Supreme Court display judicial activism in establishing new policy through Carpenter v. United States?

Answer 22

Carpenter v. United States saw a landmark decision reached that any search of cell phone data in a prosecution requires a warrant and that the absence of this results in a breach of the 4th Amendment.

Question 23

How does Planned Parenthood of Arkansas v. Jegley demonstrate Court inaction (and therefore restraint)?

Answer 23

Planned Parenthood of Arkansas v Jegley saw the Supreme Court decline to hear a case which challenged strict regulation of abortion under the Arkansas state legislature. The refusal to hear this case meant that abortion continued to be heavily obstructed in Arkansas, hence deferring to the state legislature.

Question 24

How did Shelby v. Hodder uphold the tenth amendment ?

Answer 24

• Powers reserved to the states
• Court struck down 4b of the voting act which made it harder for ethnic minorities to vote
• It upheld the 10th amendment

Question 25

What is public policy ?

Answer 25

• Policy created by new laws that have passed in congress or by executive actions of president