Supreme Court - Public Policy

Question 1

What can the SC do?

Answer 1

• Protect existing policy, by upholding the constitutionality of it. - NFIB V Sebelius 2012 - Obamacare const, insure req like tax so cong can
• Remove existing policy, by declaring unconstitutional - Whole Woman’s Health V Hellerstedt 2012 - Texas aborion restiction blocked
• Sets new policy, by doing either - Obergefell v Hodges 2015

Question 2

Case studies

Answer 2

NFIB v Sebelius 2012 - SC Upheld Obamacare, the requirement to have healthcare is const
Whole Womans Health v Hellerstedt - Struck down texas law that would heavily restrict abortion
Texas v US2016 - SC Sided with state, Obama’s DAPA unconstitutional (would benefited aliens)

Question 3

Controversies

Answer 3

• When SC strikes down state law, it is effectively overruling an elected branch permanently
• The only way to overturn SC verdict is to amend const. 16th amd in response to SC Ruling
• Judicial review makes SC Quasi Sovereign
• Making SC imperial as CnB ineffective