Supreme Court: Impact on Rights & Policy

Question 1

What three things can Supreme Court rulings do?

Answer 1

• Allow an existing policy to continue
• Remove a policy
• Create a new policy

Question 2

What % of rulings are 5-4?

Answer 2

19%

Question 3

What three things are the SC served to do when interpreting the Constitution/Bill of Rights?

Answer 3

protect, extend, or challenge individual rights

Question 4

What prison has been a source of tension between the executive and the supreme court?

Answer 4

Guantanamo Bay

Question 5

What cases relate to Guantanamo Bay?

Answer 5

• Hamdan v Rumsfeld 2006
• Boumediene v Bush 2008

Question 6

What did Hamdan v Rumsfeld 2006 rule?

Answer 6

• Detainees cannot be tried by a military commission, only a court.
• Congress passed the Military Commissions Act 2006 to overcome this SC ruling.
  5-4 ideology towards liberals

Question 7

What case rules that detainees cannot be tried by a miliary commission, only a court?

Answer 7

Hamdan v Rumsfeld 2006

Question 8

What did Boumediene v Bush 2008 rule?

Answer 8

• Detainees have the right to have cases heard in US courts.
• The Military Commissions Act was unconstitutional.
• 5-4 (Kennedy) towards Liberals

Question 9

What case ruled the Military Commissions Act unconstitutional?

Answer 9

Boumediene v Bush 2008

Question 10

What is habeas corpus?

Answer 10

The legal right for detainees to go before a judge to have their imprisonment justified or be released.

Question 11

What Latin phrase relates to the legal right for detainees to go before a judge to have their imprisonment justified or be released?

Answer 11

habeas corpus

Question 12

What cases relate to immigration?

Answer 12

Arizona v US 2012
US v Texas 2016
Trump v Hawaii 2018

Question 13

What was Arizona v US 2012?

Answer 13

• Arizona demanded immigrants to carry registered documents.
• The court ruled that states may not implement their own immigration laws.

Question 14

What was US v Texas 2016?

Answer 14

• Court issued a 4-4 vote decision.
• The case challenged expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
• This challenged Obama’s EO

Question 15

What was Trump v Hawaii 2018?

Answer 15

• In a 5-4 decision, the Court upheld President Trump’s travel ban.
• It involved a Presidential Proclamation 9645 signed by Trump, which restricted travel into the United States by people from several nations, or by refugees without valid travel documents.

Question 16

Define ‘Amicus Curiae’.

Answer 16

‘Friends of the court’
A document written to the Court for pressure groups trying to influence the outcome

Question 17

What Latin phrase means ‘Friends of the court’.

Answer 17

Amicus Curiae

Question 18

What is Affirmative Action?

Answer 18

Set of laws that intend to end and correct the effects of specific forms of discrimination

Question 19

What are three methods of achieving legal change?

Answer 19

1. Bring cases to be heard before the courts.
2. Individuals can bring cases to the court that have a wide ranging impact.
3. Can also be achieved through amicus curiae briefs by submitting their opinions to the SC for consideration in their cases.

Question 20

What was Schuette v Coalition to defend Affirmative Action 2014?

Answer 20

• It held that an amendment to Michigan’s constitution that prohibits state universities from considering race as part of its admissions process does not violate the Constitution’s Equal Protection Clause.
• Allowed Michigan to get rid of Affirmative Action
• 6-2 (Kagan wasn’t involved due to conflict of interest)

Question 21

What was Fisher v University of Texas 2016?

Answer 21

• The University of Texas’ use of race as a consideration in the admissions process did not violate the Equal Protection Clause of the Fourteenth Amendment.
• Justice Kennedy delivered the opinion for the 4-3 majority, citing an amicus curiae brief.

Question 22

What are some methods of achieving change?

Answer 22

• Demonstration & direction
• Media/social media
• Voter registration drives
• Annual conference of pressure groups

Question 23

What are modern examples of demonstration and direction in achieving social change?

Answer 23

• George Floyd protests in 2020
• Tyre Nichols protests 2023

Question 24

What are modern examples of the media/social media in achieveing social change?

Answer 24

• # BlacklivesMatter
• # MeToo, drew more than 500,000 people to Washington

Question 25

What was Shelby County v Holder 2013?

Answer 25

• 5-4 con removed Section 4 of the Voting Rights Act which required states to have preclearance from the federal government before changing voting laws in their states.

Question 26

What was the impact of Shelby County v Holder 2013?

Answer 26

• 9 states introduced a photo ID required for all voters run up to 2016. NAACP claimed it put black people at a disadvantage.
• By 2016, it was estimated that 6 million Americans had lost their right to vote because of previous convictions.
• In Kentucky, 26% if African Caribbean Americans are disenfranchised.

Question 27

What case removed section 4 of the Voting Rights Act?

Answer 27

Shelby County v Holder 2013