Supreme court and public policy Flashcards

1
Q

Abortion- what are some cases on this issue?

A

Roe v Wade 1973
Gonzales v Cahart 2007
Dobbs v Jackson

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2
Q

Abortion- overview of Roe v Wade 1973?

A

The court ruled that the 14th amendment rights of liberty’s included ‘freedom of personal choice in matters of marriage and family life’ and these rights include weather a woman can terminate a pregnancy or not

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3
Q

Abortion- why did Roe V Wade occur?

A

Norma Mcorey (Jane Roe) denied an abortion by the state of law in Texas- Henry Wade was the Dallas Attorney

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4
Q

Abortion- Why was Roe v Wade so significant?

A

Because it really politically tore party’s
Republicans- Pro Life
Democrats- Pro choice

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5
Q

Abortion- what was the court ruling on roe v wade?

A

7-2

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6
Q

Abortion- overview of Gonzales v Cahart 2007?

A

The court ruled to uphold the partial birth abortion ban act of 2003
The law banned abortion later on in pregnancy as it was seen as infantile
They say foetus could be able to survive outside of the uterus
90% of abortions preformed within the first 3 months of pregnancy

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7
Q

Abortion- during the time of Gonzales v Carhart what happened to the balance of the court?

A

Because Sandra Day O’Conner was replaced by Alito it changed the balance of the court to republican

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8
Q

Abortion- why is Gonzales V Carhart significant?

A

For the first time declared abortion was banned and no exception for health of women (except if life is at risk)
-Had significance in debates for conservative interest groups (concerning women for america were jubilant, originally wanted to overturn roe v wade but plan was to now lowly chip away)
-Significant of the changing membership of the court

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9
Q

Abortion- Dobbs vs Jackson 2022

A

Decided in june 2022 but enacted in 2018
Prohibts abortion after 15 weeks

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10
Q

Abortion- Dobbs v Jackson why was this ruling made?

A

Judge Samuel Alito said the constitution doesn’t have a right to abortion, so had to overturn roe v wade (the state had limited power)

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11
Q

What was the ruling on Dobbs V Jackson?

A

A 6-3 vote

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12
Q

Abortion- facts about UK abortion laws?

A

-Abortion is a legally classified as a criminal act
-A woman sentenced to more than 2 years in prison after abortion
-Abortion criminalised in 1861
-Abortion granted in 1973
-Abortion decided by politicians

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13
Q

Abortion- facts about USA abortion laws?

A

-73% of population want abortion to be legalised
-Abortion granted in 1973
-Overturned in 2003
-41 states have banned abortion
-The legality of abortion is decided by judges

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14
Q

Marriage equality- US v Windsor 2013 what is this?

A

The defence of the marriage act was unconstitutional as it denied federal benefits to married same sex couples that were available to other married couples
This opened doors for many significant rulings 2 yrs later
-Overturned an act of congress

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15
Q

Marriage equality- US v Windsor 2013 what was the ruling?

A

5-4

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16
Q

Marriage equality- Obergefell v Hodges summary of case?

A

State bans to prohibit same sex marriage were violated of the 14th amendment which prohibits states from denying equal protection of the laws to any person with judiciation and there for unconstitutional

17
Q

Marriage equality- Obergefell v Hodge backstory for case?

A

James Obergefell married John Arthur in maryland but lived in Ohio, the state wouldn’t recognize their marriage
Artur became terminally ill and asked for Obergefell to name surviving spouse on death certificates but Ohio refused
Obergefell claimed infringement on 14th amendment

18
Q

Marriage equality- Obergefell v Hodge ruling for case?

A

5-4