US Supreme Court Flashcards
How many cases are SCOTUS requested to review every year?
Over 7,000
How many cases do SCOTUS review a year?
100-150
What is judicial review?
The process by which the Supreme Court decides whether a law or government action is constitutional
How many justices are on the Supreme Court?
9
Why does the Supreme Court have enormous power in the US?
Constitutional sovereignty
How long are justices’ tenures?
For life
Who nominates Supreme Court justices?
The president
What factors will the president consider when choosing a Supreme Court nominee?
- Judicial experience and legal knowledge
- Professional reputation
- Share a similar political belief
What conservative legal group helped Trump choose his Supreme Court nominees?
The Federalist Society
Why do presidents have to ensure their pick for the judiciary will have widespread support?
Nominations must be confirmed by the Senate
Example of the White House failing to uncover a SCOTUS nominee’s controversial background
In 1987, Reagan announced his nominee, Douglas Ginsburg, however it was later uncovered that he had used marijuana while a law professor
What is the Senate Judiciary Committee?
A standing committee in the Senate which has the job of considering Supreme Court nominations. It conducts hearings and then votes whether to recommend the nominee or not.
What court have 8/9 Supreme Court Justices previously come from?
the Court of Appeals
Example of a Supreme Court judge who had never been a judge before?
Elena Kagan - had previously worked in the Justice Department
Does the Senate Judiciary Committee’s vote have any significance?
While it is only a recommendation, it normally signifies how the Senate will end up voting
How did Ruth Bader Ginsburg’s Judiciary Committee vote compare to her Senate vote?
Received unanimous support in her recommendary vote
Passed 96-3 in the Senate
How did Clarence Thomas’s Judiciary Committee vote compare to his Senate vote?
Received 7-7 in his recommendary vote
Passed 52-48 in the Senate
Why, until 2013, did Supreme Court nominees need over 60 votes to secure nomination?
Opposition could filibuster the proceedings, and 60 votes are needed for a cloture
What is the filibuster?
A tactic used in the Senate to prevent a vote - there is limited time allowed for voting so senators will aim to use up all this time through debating
What is a cloture?
The process for ending a filibuster - A simple majority is needed to stop a senator talking and allow the vote
When was the filibuster removed for Senate judiciary appointment confirmations?
2013 by the Democrats
What is the significance of removing the filibuster for Senate judiciary appointments?
A nominee can pass with the support of only one party
Who was the first Supreme Court nominee (in recent history) to not receive a single vote from the minority party in their confirmation?
Amy Coney Barrett, 2020
When was the last time the Senate voted to reject a nominee?
1987
When was the last time a SCOTUS nomination was withdrawn by the president?
2005
Why did the Republican Senate refuse to hold hearings for Merrick Garland in 2016?
As there was to be an election later that year, they suggested the new president should have the right to choose their nominee
Why was the nomination of Amy Coney Barrett controversial?
They nominated Amy Coney Barrett weeks before the 2020 election, going back on the precedent they set of not allowing new appointments in election years
Which president nominated Clarence Thomas?
George H W Bush
Why was Clarence Thomas’ nomination controversial?
He had serious accusations of sexual harassment, which he denied, suggesting it was a racially motivated attack
How many Democrats supported Thomas in the Senate vote?
11
How many Democrats supported Thomas in the Senate vote?
11
Who was seen as the court’s “swing vote”, before his resignation?
Anthony Kennedy
Which Justice replaced Anthony Kennedy?
Brett Kavanagh
Why was Brett Kavanagh’s nomination contraversial?
He had an allegation of sexual assault
What is the process of nomination to SCOTUS?
- Presidential shortlist
- Approval from FBI
- President decides on nominee
- Senate Judiciary Committee hearings
- Senate vote
How does having life terms improve judicial independence?
The president’s ability to influence them ends once they are appointed and they cannot be removed for making unpopular decisions
Example of a justice shifting ideology over time
David Souter, appointed by HW Bush, became unexpectedly liberal
Example of justices ruling against the president that appointed them
RBG and Breyer ruled against Clinton in 1997, that he was not immune to prosecution
Trump v Mazars (2020)
7-2 ruling that Trump did not have the absolute right to withhold his tax returns and financial records from investigation
IMPORTANCE: Gorsuch and Kavanagh voted AGAINST Trump
Is the SCOTUS appointment process fit for purpose? - YES
- Detailed scrutiny
- Several opportunities for candidates to withdraw
- Senate Judiciary Committee are experts in law
- Check on the power of the president
Is the SCOTUS appointment process fit for purpose? - NO
- Presidents choose nominees who support their philosophy
- Questioning by the Judiciary Committee often aggressive and politicised
- The refusal to hold hearings for Merrick Garland violated the president’s right to appoint justices
- Depends on which party controls the Senate
Who is the current chief justice?
John Roberts (appointed by W Bush)
What are the roles of the chief justice?
- Chairs court
- Decides which justices will write opinions on cases
- Chair presidential impeachment trials
What is the current con-lib makeup of SCOTUS?
6-3
What is a majority opinion?
An explanation of a judgment made by the Supreme Court
What is a minority opinion?
If a ruling isn’t unanimous, the minority side write a statement suggesting why the ruling is incorrect
Why was Anthony Kennedy seen as the ‘swing vote’?
He was conservative on issues such as gun control and campaign finance, but supported same-sex marriage and affirmative action
What is partisan gerrymandering?
The practice of redrawing electoral districts to give advantage to one political party
Rucho v Common Cause (2019)
Court ruled 5-4 that partisan gerrymandering is not illegal
How many women have ever sat on SCOTUS?
Six (inc. Brown-Jackson)
What are the two constitutional roles of SCOTUS?
- Interpreting the constitution
- Protecting citizens’ rights
What is strict constructionism?
A judicial approach which involves following the text of the constitution as closely as possible
What is originalism?
A judicial approach in which the constitution is interpreted according to the intentions of the framers
What is the argument for strict constructionism?
There is already a process for amending the constitution but the constitution should be followed closely in its current form
What is loose constructionism?
A judicial approach in which the constitution is applied to a modern context
What is a living constitution?
The idea that the Constitution is a living document which should be interpreted according to the needs of modern society
Why do liberals criticise strict constructionism?
It prevents necessary and positive change
Why do conservatives criticise loose constructionism?
They see it as a power grab by unelected justices
Burwell v Hobby Lobby Stores Inc (2010)
The court struck down part of the 2010 Affordable Care Act as it violated the 1st amendment by making businesses contribute to contraception in their health insurance
Citizens United v FEC (2010)
The court ruled that corporations, unions and associations have the same right to political donations as individuals under the 1st amendment
DC v Heller (2008)
The court struck down a law banning handgun ownership in Washington D.C. as it infringes ones’ 2nd amendment rights
Baze v Rees (2008)
The court ruled that death by lethal injection was NOT “cruel and unusual punishment” (8th amendment)
Boumedine v Bush (2008)
The court ruled that foreign nationals detained as terrorist suspects by George W. Bush had the right to challenge this in federal courts
United States v Texas (2016)
Struck down Obama’s executive order which delayed the deportation of 5m illegal immigrants
What Supreme Court ruling gave them the power of judicial review?
Marbury v Madison (1803)
What are landmark rulings?
Supreme Court judgements which establish new legal principles or fundamentally change the way in which the constitution is interpreted
Obergefell v Hodges (2015)
It was ruled unconstitutional to prevent same-sex marriage
Bush v Gore (2000)
The court ruled 5-4 in favour of preventing the Florida Electoral College recount. In effect, the court had picked the next president by stopping the recount with Bush in the lead
Why can the court be described as ‘quasi-legislative’?
The court has gone above simply interpreting the law and instead now makes the law - “legislating from the bench”
What is judicial restraint?
Judges who restrain from making politicised decisions as they are unelected - typically practiced by conservative judges
What is ‘stare decisis’?
“To stand by things decided” - referring to the convention that judges follow legal precedent where possible
What is judicial activism?
Decisions made by judges which they believe will improve society
Brown v Topeka (1954)
Struck down the doctrine of ‘separate but equal’ facilities for white and black Americans, ending segregation
Murphy v National Collegiate Athletic Association (2018)
Struck down a law passed by Congress in 1992 which prohibited states from authorising sports gambling
Is the Supreme Court too political? - YES
- Unelected can make changes to most controversial public policy
- Politicised appointments process
- Court has increased power of the federal government over states
- Decided election outcome in Bush v Gore 2000
Is the Supreme Court too politicised? - NO
- For the constitution to remain relevant, the court must apply it to modern times
- Justices are independent
- Judges vote against their president’s interests sometimes
- Congress can overturn a court’s decision with a constitutional amendment
Significance of Brown v Topeka (1954)
- Showed an activist court who were willing to make political decisions
- Reduced states’ rights
- Overturned a ruling from 60 years earlier (Plessy v Ferguson)
Significance of Roe v Wade (1973)
- The framers had no intention of protecting abortion in the constitution, so Conservatives argued this was ‘legislating from the bench’
- Overturned in 2022
