The Supreme Court and Civil Rights Flashcards
Who was Bork and what was his mistake
(1987) A Supreme Court nominee who was rejected due to a partisan battle over his nomination. He was very vocal about his belief that Roe v Wade had little/no legal basis.
What was the SC ruling on USAID in 2025
The court rules (5-4) that Trump’s restricting of $2bn to projects of USAID which were already completed was an overextension of his powers. Those judges who dissented criticised the judicial activism of their colleagues.
What was Trump v US 2024
Helf that presidents had immunity from criminal prosecution for acts conducted under their core constitutional authority as president.
What kind of cases to the courts avoid taking in order to avoid controversy
Healthcare - specifically drug pricing and universal healthcare.
What was 3030 Creative LLC v Elenis (2023)
Case wherein a website creator did not want to public announcements for gay marriage - was a violation of anti-discrimination laws. However, the website won.
What is a pragmatist/constructuralist approach v an originalist approach to the constitution
- interpreting the constitution in line with changing societal circumstances.
- interpreting the constitution in line with the way it was written and the founding father’s intentions.
Department of homeland security v Regents of the Uni of California (2020)
Trump’s attempt to rescind the DACA (deferred action for childhood arrivals) was “arbitrary and capricious” .
What are the measures to promote equality in the US
Affirmative action, voting rights and representation
Example of how affirmative action is positive v how it has been limited
Sonia Sotomayor: “ignoring race will not equalise a society that is racially unequal”
The Rooney Rule - ensures that NFL candidates for head coaching positions must must have at least 2 ethnic minority.
Students for Fair Admissions v Harvard ruled that Harvard’s admissions process violated the 14th amendment of equal protection under the law.
Examples of Voting Rights improving racial equality
Civil rights act 1964, Voting rights act 1965 (large parts of which have been gutted by SC rulings such as Shelby v County holder).
NAACP - encouraging people to vote (they have been struggling under Trump)
Give an example of how it may be argued that justices are not politically independent.
2010, Obama’s state of the union address critiqued the Citizens united ruling.
2025, Trump called a federal judge’s ruling “a disgrace”, with Vance saying that judges don’t have legitimate authority to limit a president’s power.
What did justice Marshall say about his role as a judge.
“You do what you think is right and let the law catch up”
How many states had legalised gay marriage when Obergefell won?
12
What Hawaii v Trump (2018)
The case which ruled that Trumps “travel ban” on 7 (predominantly Muslim) countries was not a violation of the constitution.
What was Dobbs V Jackson
The 2022 SC case which overturned Roe v Wade
What was Bostock v Clayton County (2020)
The SC case which ruled that workplace discrimination based on sexual orientation or transexuality was incompatible with the civil rights act 1974.
