US Judiciary Flashcards

Question

Significance of Brown v Topeka

Answer 1

-it was seen as an attack on state rights by federal SC in the south -led to confrontation when Arkansas state governor supported a high school’s decision not to admit 9 AA students—} Eisenhower eventually ordered federal troops to sector them to school -victory for growing civil rights groups i.e NAACP -product of an activist court led by Chief Justice Earl Warren

Answer 2

-Obergefell married his husband in Maryland where same sex marriage was legal but they weren’t recognised as married in Ohio -his case in SC was considered alongside similar cases in Michigan, Kentucky and Tennessee -judgment focused on ‘equal protection’(14th) -court ruled 5-4 which legalised same sex marriage

Answer 3

-majority of justices took a loose constructionist approach -fundamental law changed by unelected body -dissenting justices argued that the ‘right to religious freedom’ was being infringed

Answer 4

-McCorvey(alias Jane Roe) was pregnant in Texas where abortion was illegal(she gave it up for adoption) -2 young women lawyers took on her case -SC ruled 7-2 that women has an unrestricted right to abortion in the 1st trimester—} Court found that 14th amendment’s mention of life, liberty and property implied a right to privacy

Answer 5

-landmark for women’s movement, gave them a constitutional right to personal choice about their bodies -divisive issue—} Democrats lent more to pro-choice and Republicans to pro-life -conservatives criticised unelected justices for ‘legislating from the bench’ as the ruling had the same effect as passing a law to legalise abortion

Answer 6

-Planned parenthood v Casey(1992)= court accepted the right of states to regulate abortion in the early stages of pregnancy (1st trimmer was no longer unrestricted) -Gonzales v Carhart(2007)= upheld the partial-birth abortion ban act 2003(abortion in late term pregnancies where part of the foetus is extracted) + did not make exception for health of the mother -Whole Woman’s Health v Hellerstedt(2016)= court ruled that TRAP laws(targeted regulation of abortion providers i.e width of the medical facility etc) placed an ‘undue burden’ on women—} all 3 women justices at the time(RBG, Kagan and Sotomayor) voted with the majority

Answer 7

-after Trump appointing Neil Gorsuch and Brett Kavanaugh, the court had a conservative majority -gave space for state legislatures with conservative majorities to pass laws in 2019 that restricted abortions i.e 'heartbeat bills'(banned abortion from when a foetal heartbeat is found at around 6-7 weeks) and a near-total ban on all abortions in Alabama--} laws were blocked by federal courts for violating Roe v Wade but then appealed by states -campaign to remove federal abortion rights had support from over 200 members of congress who signed an amicus curiae brief(written info about case submitted to court by outside party)

Answer 8

-it can declare both the actions of the executive branch and legislatures unconstitutional -established by the SC in an Act of Congress in 1803, Marbury v Madison to protect civil rights + liberties from infringement -the only way for congress + executive to overrule court's decision is to formally amend the constitution, which rarely happens(2/3 majority in both houses of congress and 3/4 state legislatures)

Answer 9

-the court could rule that foreign nationals detained as terrorist suspects by Bush's admin had a right to challenge their detention in federal courts in Boumediene v Bush (2008) -US v Texas(2016) struck down Obama's executive order giving an indefinite delay in deportation to around 3 million illegal immigrants

Answer 10

-the balance of court is watched very closely i.e Ruth Bader Ginsberg's medical news repeatedly making headlines for years before her death in 2020 -conservative-liberal balance represents nature of how the constitution will be interpreted

Answer 11

-landmark rulings have led to politically significant changes to law i.e Roe v Wade(1973) ruled that women have a constitutional right to an abortion, Obergefell v Hodges(2015) legalised same-sex marriage -court has also intervened in the electoral process i.e ruled in Bush v Gore(2000) that a recount of Florida's ECVs within the timeframe set in Florida was unconstitutional(all conservative judges voted in favour of Bush--} Bush won with 271-266 ECVs

Answer 12

-critics have labelled the supreme court as this and argue that it has moved beyond its constitutional role of interpreting law -strict constructionist argue that the constitution nor its framers mentioned abortion + same-sex marriage so it is not within the court's role--} accused of 'legislating from the bench'

Answer 13

-judges take a deferential attitude to the other branches of govt as they are elected--} rarely overturn their actions/laws -upholds the principle of stare decisis(to 'stand things decided' by following legal precedent) + respect previous SC's decisions

Answer 14

-making judgements in order to improve society--} normally believe in a living constitution and make progressive rulings to modernise rights -i.e Chief Justice Earl Warren was said to be leading an 'activist court' in Brown v Topeka(1954--} chaired private discussions between justices + convinced them to give a unanimous ruling

Answer 15

-frequently made judgements that overruled state laws i.e DC v Heller(2008) ruled that a DC law banning handguns was unconstitutional as the right to bear arms cannot be overruled by state legislatures + Roe v Wade(1973) which weakened restrictions previously made in certain states -has also defended state's rights i.e struck down a law passed by congress in 1992 that prohibited states from authorising sports gambling in Murphy v National Collegiate(2018)

Answer 16

-they rule on landmark political issues despite no mandate i.e Roe v Wade, Obergefell v Hodges -nomination + confirmation process is highly politicised i.e Amy Coney Barrett -intervene in the electoral system i.e Bush v Gore(2000) -have an impact on federalism i.e Murphy v National Collegiate 2018

Answer 17

-independent despite the politicised nomination process i.e RBG and Stephen Brayer ruled that Clinton wasn't immune to prosecution -some justices do not consistently vote the same way i.e Anthony Kennedy was a 'swing vote' -judicial activism is sometimes necessary i.e Brown v Topeka(1954) -congress can check supreme court by initiating a constitutional amendment to overturn the court's decision