Supreme Court - Ideology

Question 1

Following the death of Antonin Scalia, Republicans refused to consider Obama’s nomination of __________ __________ to the Supreme Court

Answer 1

Merrick Garland

Question 2

What is the ideology of the current SC

Answer 2

5-4 to conservatives but Kennedy acts as a swing vote

Question 3

Examples of Roberts Court providing Conservative judgement

Answer 3

DC v Heller
Citizens United v FEC 2010
McCutcheon v FEC 2014
Shelby County v Holder 2013

Question 4

Example of Roberts Court not providing Conservative Judgement

Answer 4

Obergefell v Hodges 2015 - Landmark liberal ruling stating gay rights were protected by 14th amendment

Question 5

Reasons why Supreme Court nominations are important

Answer 5

1. The occur infrequently
2. Appointments are for life
3. An appointment has a big impact on the make-up of the Court
4. SC’s power of judicial review is v. important
5. SC can profoundly affect lives of ordinary Americans (e.g. Abortion)

Question 6

Stages of the nomination process

Answer 6

1. President makes up nomination shortlist
2. President announces his nominees
3. Senate confirmation hearing & vote

Question 7

Where may a Judge be recruited for

Answer 7

Lower courts

Dept. of Justice

Question 8

Example of nominee withdrawing

Answer 8

Harriet Miers, who hadn’t served as a judge before, withdrew after Rep Senators unconvinced her about her ideological credentials

Question 9

Example of Senate rejecting a nomination

Answer 9

Robert Bork was rejected (1987)
5-9 defeat in Senate Judiciary Committee
42-58 in Senate vote

Question 10

Problems with the nomination process

Answer 10

Politicisation by the President
Politicisation by the Senate
Politicisation by the Media

Question 11

Example of politicisation of an appointment by the media

Answer 11

Clarence Thomas 1991

Media fed on allegations, giving excessive sexual details

Question 12

How could the Warren Court be described

Answer 12

Loose Constructionist

Question 13

How could the Roberts Court be described

Answer 13

Strict Constructionist

Question 14

Strict Constructionist philosophy

Answer 14

Focus on the text

Usually Conservative outlook

Question 15

Loose Constructionist philosophy

Answer 15

Focus on context

Usually liberal in outlook

Question 16

Originalist philosophy

Answer 16

Interprets constitution in line with original meaning

Often favour states right

Question 17

Living constitution philosophy

Answer 17

Idea that Constitution should adapt to modern society

Tend to favour federal govt.

Question 18

Impacts on public policy of decisions of Roberts Court

Answer 18

1. National Federation v Sebelius (Healthcare)
2. Obergefell v Hodges (Same-sex marriage)
3. Whole women’s Health v Hollerstedt (Abortion)

Question 19

Since 2005, ___ new judges joined SC

____ of these were like-for-like replacements

Answer 19

5

4

Question 20

Which nomination shifted the SC balance

Answer 20

Alito (Conservative) for O’Conner (Liberal) moved balance to the right in 2006