supreme court cases Flashcards
NFIB v Sebelius 2012 : description
rules ACA was constitutional as Congress has the right to raise taxes which does not contravene with state power
NFIB v Sebelius 2012 : outcome
Robert’s sides with 4 liberal justices in 5-4 ruling that upheld ACA, stunning republicans who wanted to repeal it
did NFIB v Sebelius 2012 uphold, remove, or establish new policy?
upheld ACA
Trump v Hawaii 2018 : description and outcome
Trumps executive order on the muslim travel ban due to terrorism concerns
Upheld the EO in a 5-4 decision based on evidence that countries were labelled as security risks
Trump v Hawaii 2018
restraint or activism?
limits to other branches?
uphold, remove, or establish policy?
restraint - deferred to executive
didn’t limit executive,
upheld trumps EO
Whole Women’s Health v Hellerstedt 2016
description and outcome?
struck down texas law providing limits on abortion
5-3 decision with Kennedy joining the liberal justices
Whole Women’s Health v Hellerstedt 2018
restraint or activism?
limits on other branches?
uphold, remove, or establish policy?
restraint (stare decisis)
limited texas state gov
upheld former court ruling (Roe)
US v Texas 2016
description and outcome?
Obama passed DAPA to allow certain illegal immigrants to be granted deferred action status. 26 states inc Texas challenged DAPA on overstep of president as he needs congress’ approval
SC tied 4-4 found that Obama did not have the powers and breached article II
US v Texas 2016
restraint or activism?
limit other branches?
uphold, remove, establish policy?
activism
limited executive struck down DAPA
removed DAPA policy
Citizens United v FEC 2010 and McCutcheon v FEC 2014
description and outcome?
citizens united : 5-4 found that corporations and interest groups have 1st amendment rights
McCutcheon : removed limit to number of campaigns that could be donated to during elections
Citizens United v FEC 2010 and McCutcheon v FEC 2014
restraint or activism?
limits to branches?
upheld, removed, established policy?
activism?
limited congress as struck down law and no further acts have been passed
removed and created new policy that super PACs can raise unlimited funds
US v Windsor 2013
description and outcome?
court ruled 5-4 that defence of marriage act 1996 was unconstitutional because it denied federal benefits to married same sex couples
created marriage equality BUT didn’t legalise same sex marriage
US v Windsor 2013
restraint or activism?
limits to branches?
upheld, removed, established policy?
activism - promotes lgbtq rights
limited congress by striking down an act
created new policy by legalising same sex marriage
Obergefell v Hodges 2013
description and outcome?
established same sex marriage under equal protection of the law provision of the 14th amendment. 5-4 decision, kennedy joining liberal judges
Obergefell v Hodges 2013
restraint or activism?
limits to branches?
upheld, removed, established policy?
activism
didn’t limit governments
established new policy of same sex marriage
DC v Heller 2008
description and outcome?
SC held (5-4) that II amendment guarantees an individual right to possess firearms independent of service in a state militia, and to use it for reasons such as self defence in the home
DC v Heller 2008
restraint or activism?
limits to branches?
upheld, removed, or established policy?
neither? politicisation due to the split
didn’t limit branches
upheld 2nd amendment rights
Carpenter v US 2018
description and outcome?
man was charged with aiding an abetting robbery after police obtained his phone location record, he appealed on the grounds that his 4th amendment rights were infringed.
5-4 decisions by court (liberals and Roberts) ruled that it was an infringement and it required a warrant to search phone location data
Carpenter v US 2018
restraint or activism?
limits to branches?
upheld, removed, or established policy?
activism - interpreted to protect rights
no branches involved
established new policy that a warrant was required to search phone location data
Trumps Tax Returns
description and outcome?
House Ways and Means Committee argued that it needs the information on Trumps taxes to meaningfully evaluate the IRS’ presidential audit program.
Case was brought by Trump to block the house committee and was decided in favour of congress, forcing Trump to release his tax returns
Trumps tax Returns
restraint or activism?
limits to branches?
upheld, removed, or established policy?
restraint? deferred to congress
limited executive branch
didn’t establish policy but upheld congress’ investigative powers
Planned parenthood Arkansas v Jegley 2018
description and outcome?
Arkansas law wanted to provide strict limits to when abortions could be given and was appealed against by planned parenthood.
SC refused to hear the case therefore shaping public policy by allowing the Arkansas law to stand
Planned Parenthood Arkansas v Jegley 2018
restraint or activism?
limits to branches?
upheld, removed, established policy?
restraint, allows state law to stand
didn’t limit state Gove, upheld federalism?
shaped policy by allowing the law to stand which limited access o medicated abortion