The Supreme Court

Question 1

5 Election SC cases:

Answer 1

• Citizens United v. FEC (2010)
• Shelby County v. Holder (2013)
• Shaw v. Reno (1993)
• Bush v. Vera (1996)
• Bush v. Gore (2000)

Question 2

Summary of Citizens United v. FEC

Answer 2

2010
5-4 split
Overturned the BCRA for violating the 1st amendment (Bipartisan campaign reform act)
Lifting the previous ban on corporate independent expenditures advocation election or defeat of candidates

Question 3

Summary of Shelby County v. Holder

Answer 3

2013
5-4 split
Upheld that the Voting Rights Act of 1965 WAS unconstitutional - Section 5: certain states/local gov. must obtain federal preclearance before changing their voting laws; and Section 4(b), which determines which jurisdictions are subject to preclearance based on their histories of discrimination in voting

Question 4

Summary of Shaw v. Reno

Answer 4

1993
5-4 split
Upheld that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause.
N.Carolina made an oddly shaped district to make 2 black-majority districts. (trying affirmative action)

Question 5

Summary of Bush v. Vera + Miller v. Johnson

Answer 5

1996/1995
5-4 split
About Texas’ 1990 redistricting to increase minority representation, SC held that race was the predominant factor in the creation of the districts.
Unconstitutional under the Equal Protection Clause of the 14th Amendment.

Question 6

Summary of Bush v. Gore

Answer 6

2000
5-4 split
‘hanging chad’ case between Bush and Al Gore
Ruling was no recount - only a vote if the intent was clear, meaning Bush won the election

Question 7

Summary of Rucho v. Common cause

Answer 7

2019
5-4 split
The court ruled that while partisan gerrymandering may be “incompatible with democratic principles”, the federal courts cannot review such allegations, as they present non justiciable political questions outside the remit of these courts.

Question 8

5 Constitutional rights SC cases:

Answer 8

• Brown v. board of education (1954)
• Obergefell v. Hodges (2013)
• DC v. Heller (2008)
• Roe v. Wade (1973)
• Griswold v. Connecticut (1965)

Question 9

Summary of Brown v. Board of education

Answer 9

1954
9-0
Overruled Plessy v. Ferguson (1896) - (‘separate but equal’ segregated schools), since black schools were inherently unequal and therefore unconstitutional

Question 10

Summary of Obergefell v. Hodges

Answer 10

2015
5-4 split
Upheld that the right to same-sex marriage is guaranteed by the 14th amendment, this overturned laws in 12 states which outlawed it

Question 11

Summary of DC v. Heller

Answer 11

2008
5-4 split
Upheld the right to gun ownership without a connection to a militia (for home self-defence)

Question 12

Summary of Roe v. Wade

Answer 12

1973
7-2
The court ruled that the constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.
14th amendment (right to privacy)

Question 13

Summary of Griswold v. Connecticut

Answer 13

1965
7-2
Connecticut had a law prohibiting any contraception.
The Court ruled that the constitution protects the liberty of married couples to buy and use contraceptives without government restriction
14th amendment

Question 14

Summary of US v. Winsor

Answer 14

2013
5-4 split
The Court held that Section 3 of the Defense of Marriage Act (DOMA), (which denied federal recognition of same-sex marriages) was a violation of the Due Process Clause of the Fifth Amendment.

Question 15

Summary of University of Texas v. Fisher

Answer 15

2016
4-4 split (Scalia dead)
Held that the lower Court correctly found that the University of Texas’s undergraduate admissions policy survived strict scrutiny.
In accordance with Fisher v. University of Texas (2013), which ruled that strict scrutiny should be applied to determine the constitutionality of the University’s race-sensitive admissions policy.

Question 16

5 SC cases that limit executive power:

Answer 16

• Department of commerce v. New York (2019)
• Trump v. Hawaii (2018)
• US v Nixon (1974)
• Youngstown steel and tube co. v. Sawyer (1952)
• Hamdan v. Rumsfeld (2006)

Question 17

Summary of Department of commerce v. New York

Answer 17

2019
5-4
Trump wanted to add a question on the census about immigration status but the court ruled (APA) that is was ‘arbitrary and capricious’

Question 18

Summary of Trump v. Hawaii

Answer 18

2018
5-4
Restricted travel into the US by people from several nations. Hawaii challenged the Proclamation on statutory and constitutional grounds. Citing a variety of statements by Trump and administration officials, they argued that the order was motivated by anti-Muslim animus.

Question 19

Summary of US v. Nixon

Answer 19

1974
Nixon’s case was that he was had executive privilege, in which conversations and all communication between himself and those who assist him are confidential. However, the Court did not agree with Nixon. The Court ruled that the tapes probably did contain information vital to the investigation led by the Special Prosecutor, and rejected outright Nixon’s claim to executive privilege.