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US Supreme Court Flashcards

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1
Q

How many cases are SCOTUS requested to review every year?

A

Over 7,000

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2
Q

How many cases do SCOTUS review a year?

A

100-150

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3
Q

What is judicial review?

A

The process by which the Supreme Court decides whether a law or government action is constitutional

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4
Q

How many justices are on the Supreme Court?

A

9

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5
Q

Why does the Supreme Court have enormous power in the US?

A

Constitutional sovereignty

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6
Q

How long are justices’ tenures?

A

For life

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7
Q

Who nominates Supreme Court justices?

A

The president

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8
Q

What factors will the president consider when choosing a Supreme Court nominee?

A
  • Judicial experience and legal knowledge
  • Professional reputation
  • Share a similar political belief
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9
Q

What conservative legal group helped Trump choose his Supreme Court nominees?

A

The Federalist Society

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10
Q

Why do presidents have to ensure their pick for the judiciary will have widespread support?

A

Nominations must be confirmed by the Senate

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11
Q

Example of the White House failing to uncover a SCOTUS nominee’s controversial background

A

In 1987, Reagan announced his nominee, Douglas Ginsburg, however it was later uncovered that he had used marijuana while a law professor

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12
Q

What is the Senate Judiciary Committee?

A

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.

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13
Q

What court have 8/9 Supreme Court Justices previously come from?

A

the Court of Appeals

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14
Q

Example of a Supreme Court judge who had never been a judge before?

A

Elena Kagan - had previously worked in the Justice Department

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15
Q

Does the Senate Judiciary Committee’s vote have any significance?

A

While it is only a recommendation, it normally signifies how the Senate will end up voting

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16
Q

How did Ruth Bader Ginsburg’s Judiciary Committee vote compare to her Senate vote?

A

Received unanimous support in her recommendary vote
Passed 96-3 in the Senate

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17
Q

How did Clarence Thomas’s Judiciary Committee vote compare to his Senate vote?

A

Received 7-7 in his recommendary vote
Passed 52-48 in the Senate

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18
Q

Why, until 2013, did Supreme Court nominees need over 60 votes to secure nomination?

A

Opposition could filibuster the proceedings, and 60 votes are needed for a cloture

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19
Q

What is the filibuster?

A

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

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20
Q

What is a cloture?

A

The process for ending a filibuster - A simple majority is needed to stop a senator talking and allow the vote

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21
Q

When was the filibuster removed for Senate judiciary appointment confirmations?

A

2013 by the Democrats

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22
Q

What is the significance of removing the filibuster for Senate judiciary appointments?

A

A nominee can pass with the support of only one party

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23
Q

Who was the first Supreme Court nominee (in recent history) to not receive a single vote from the minority party in their confirmation?

A

Amy Coney Barrett, 2020

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24
Q

When was the last time the Senate voted to reject a nominee?

A

1987

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25
Q

When was the last time a SCOTUS nomination was withdrawn by the president?

A

2005

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26
Q

Why did the Republican Senate refuse to hold hearings for Merrick Garland in 2016?

A

As there was to be an election later that year, they suggested the new president should have the right to choose their nominee

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27
Q

Why was the nomination of Amy Coney Barrett controversial?

A

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

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28
Q

Which president nominated Clarence Thomas?

A

George H W Bush

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29
Q

Why was Clarence Thomas’ nomination controversial?

A

He had serious accusations of sexual harassment, which he denied, suggesting it was a racially motivated attack

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30
Q

How many Democrats supported Thomas in the Senate vote?

A

11

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31
Q

How many Democrats supported Thomas in the Senate vote?

A

11

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32
Q

Who was seen as the court’s “swing vote”, before his resignation?

A

Anthony Kennedy

33
Q

Which Justice replaced Anthony Kennedy?

A

Brett Kavanagh

34
Q

Why was Brett Kavanagh’s nomination contraversial?

A

He had an allegation of sexual assault

35
Q

What is the process of nomination to SCOTUS?

A
  1. Presidential shortlist
  2. Approval from FBI
  3. President decides on nominee
  4. Senate Judiciary Committee hearings
  5. Senate vote
36
Q

How does having life terms improve judicial independence?

A

The president’s ability to influence them ends once they are appointed and they cannot be removed for making unpopular decisions

37
Q

Example of a justice shifting ideology over time

A

David Souter, appointed by HW Bush, became unexpectedly liberal

38
Q

Example of justices ruling against the president that appointed them

A

RBG and Breyer ruled against Clinton in 1997, that he was not immune to prosecution

39
Q

Trump v Mazars (2020)

A

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

40
Q

Is the SCOTUS appointment process fit for purpose? - YES

A
  • Detailed scrutiny
  • Several opportunities for candidates to withdraw
  • Senate Judiciary Committee are experts in law
  • Check on the power of the president
41
Q

Is the SCOTUS appointment process fit for purpose? - NO

A
  • 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
42
Q

Who is the current chief justice?

A

John Roberts (appointed by W Bush)

43
Q

What are the roles of the chief justice?

A
  • Chairs court
  • Decides which justices will write opinions on cases
  • Chair presidential impeachment trials
44
Q

What is the current con-lib makeup of SCOTUS?

A

6-3

45
Q

What is a majority opinion?

A

An explanation of a judgment made by the Supreme Court

46
Q

What is a minority opinion?

A

If a ruling isn’t unanimous, the minority side write a statement suggesting why the ruling is incorrect

47
Q

Why was Anthony Kennedy seen as the ‘swing vote’?

A

He was conservative on issues such as gun control and campaign finance, but supported same-sex marriage and affirmative action

48
Q

What is partisan gerrymandering?

A

The practice of redrawing electoral districts to give advantage to one political party

49
Q

Rucho v Common Cause (2019)

A

Court ruled 5-4 that partisan gerrymandering is not illegal

50
Q

How many women have ever sat on SCOTUS?

A

Six (inc. Brown-Jackson)

51
Q

What are the two constitutional roles of SCOTUS?

A
  • Interpreting the constitution
  • Protecting citizens’ rights
52
Q

What is strict constructionism?

A

A judicial approach which involves following the text of the constitution as closely as possible

53
Q

What is originalism?

A

A judicial approach in which the constitution is interpreted according to the intentions of the framers

54
Q

What is the argument for strict constructionism?

A

There is already a process for amending the constitution but the constitution should be followed closely in its current form

55
Q

What is loose constructionism?

A

A judicial approach in which the constitution is applied to a modern context

56
Q

What is a living constitution?

A

The idea that the Constitution is a living document which should be interpreted according to the needs of modern society

57
Q

Why do liberals criticise strict constructionism?

A

It prevents necessary and positive change

58
Q

Why do conservatives criticise loose constructionism?

A

They see it as a power grab by unelected justices

59
Q

Burwell v Hobby Lobby Stores Inc (2010)

A

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

60
Q

Citizens United v FEC (2010)

A

The court ruled that corporations, unions and associations have the same right to political donations as individuals under the 1st amendment

61
Q

DC v Heller (2008)

A

The court struck down a law banning handgun ownership in Washington D.C. as it infringes ones’ 2nd amendment rights

62
Q

Baze v Rees (2008)

A

The court ruled that death by lethal injection was NOT “cruel and unusual punishment” (8th amendment)

63
Q

Boumedine v Bush (2008)

A

The court ruled that foreign nationals detained as terrorist suspects by George W. Bush had the right to challenge this in federal courts

64
Q

United States v Texas (2016)

A

Struck down Obama’s executive order which delayed the deportation of 5m illegal immigrants

65
Q

What Supreme Court ruling gave them the power of judicial review?

A

Marbury v Madison (1803)

66
Q

What are landmark rulings?

A

Supreme Court judgements which establish new legal principles or fundamentally change the way in which the constitution is interpreted

67
Q

Obergefell v Hodges (2015)

A

It was ruled unconstitutional to prevent same-sex marriage

68
Q

Bush v Gore (2000)

A

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

69
Q

Why can the court be described as ‘quasi-legislative’?

A

The court has gone above simply interpreting the law and instead now makes the law - “legislating from the bench”

70
Q

What is judicial restraint?

A

Judges who restrain from making politicised decisions as they are unelected - typically practiced by conservative judges

71
Q

What is ‘stare decisis’?

A

“To stand by things decided” - referring to the convention that judges follow legal precedent where possible

72
Q

What is judicial activism?

A

Decisions made by judges which they believe will improve society

73
Q

Brown v Topeka (1954)

A

Struck down the doctrine of ‘separate but equal’ facilities for white and black Americans, ending segregation

74
Q

Murphy v National Collegiate Athletic Association (2018)

A

Struck down a law passed by Congress in 1992 which prohibited states from authorising sports gambling

75
Q

Is the Supreme Court too political? - YES

A
  • 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
76
Q

Is the Supreme Court too politicised? - NO

A
  • 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
77
Q

Significance of Brown v Topeka (1954)

A
  • Showed an activist court who were willing to make political decisions
  • Reduced states’ rights
  • Overturned a ruling from 60 years earlier (Plessy v Ferguson)
78
Q

Significance of Roe v Wade (1973)

A
  • The framers had no intention of protecting abortion in the constitution, so Conservatives argued this was ‘legislating from the bench’
  • Overturned in 2022

Gov & Politics (23 decks)

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