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US Supreme Court Flashcards

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1
Q

What is the Supreme Court?

A

The highest federal court in the USA

The final court of appeal and is responsible for interpreting the constitution

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2
Q

When did the nightmare of liberal Americans become a reality?

A

When Ruth Bader Ginsburg died 6 weeks before the Nov 2020 p election

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3
Q

Together the SC justices wield more power than…because…

A

anyone in the USA because they can overrule the democratically elected president and Congress, and they decide what the Constitution means

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4
Q

Which key rulings did Ginsburg rule on that had major impacts for millions of lives? (she was appointed in 1993)

A

Wrote the majority opinion in United States v Virginia which held that qualified women could not be denied admission to Virginia Military Institute

Whole Women’s Health v Hellerstedt (2016) where the court ruled 5-3 that the TRAP laws placed an undue burden on women and so were unconstitutional (ruled along with Kagan, Sotomayor, Breyer and swing vote Anthony Kennedy)

Bush v Gore (was on the losing side)

Obergefell v Hodges (2015)

She also supported the interests of immigrants and transgender people

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5
Q

How is the ruling of SC justices different to a criminal trial?

A

They do not concern itself with the facts of the case and the guilt or innocence of either party - instead they focus on cases which are of constitutional importance (what the constitution means in relation to these cases)

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6
Q

How many cases do the Supreme court hear per year?

A

between 100 and 150

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7
Q

TOP = Supreme court
next = US Court of Appeals (13 circuits)
Third = US District Courts (94 Districts)

What happens with federal cases (where are they first tried)?

A

In a district court - witnesses are heard and a judge or jury decide the verdict

They then reach US Court of Appeals (aka circuit courts) and they review the decision made by district courts (will either agree or overrule)

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8
Q

What is sovereign in the USA?

A

The Constitution - so gives the judges ENORMOUS power

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9
Q

What is the power known as where the SC can declare actions of the executive AND legislation passed by Congress unconstitutional?

A

Judicial review

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10
Q

Who is the current chief justice?

A

John G Roberts

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11
Q

Who nominates SC justices and what factors are considered?

A

The president

Judicial experience and legal knowledge

Professional standing and reputation

Personal history and integrity

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12
Q

Which organisation suggested nominations to Trump?

A

The Federal Society made up of conservative law students

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13
Q

Who must nominees be confirmed by?

A

The Senate

There are also background checks by the White House lawyers and FBI

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14
Q

Which justices was interviewed by the FBI for 10 hours and asked questions on topics such ranging from sexual history to his treatment of animals?

A

Swing Anthony Kennedy (1988-2016)

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15
Q

In the Senate who considers the nomination?

A

The Senate Judiciary Committee - the nominee completes a lengthy questionnaire covering their previous experience and ruling history

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16
Q

Where do most justices come from?

A

Federal Courts of Appeals

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17
Q

However which current justice had never been a judge before?

A

Elena Kagan - was a solicitor general at the Department of Justice

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18
Q

Who received a unanimous vote from the Senate Judiciary Committee before being approved in the Senate 96-3?

A

Ruth Bader Ginsburg

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19
Q

What 2 justices were voted in on a close and highly partisan 52-48?

A

Clarence Thomas (1991-)and Brett Kavanaugh (2018-)

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20
Q

A presidential nominee needs the support of 60 senators. The rules allow any senator to filibuster a nomination. What is needed to end the filibuster?

A

Cloture - 3/5 to invoke yet a simple majority to invoke as of 2013 YET with the exception of the SC

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21
Q

What did the Republican held Senate do in 2017 to prevent the Democrats from filibustering the confirmation of Neil Gorsuch?

A

Extended the rule change to the SC

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22
Q

What has this rule change meant?

A

That justices can be confirmed by just one party if it has a majority in the Senate

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23
Q

In 2020 what SC Justice became the first one in over 150 years not to receive a single vote from the minority party in the Senate?

A

Amy Coney Barrett (52-48)

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24
Q

When did the Senate last formally vote against a nominee?

A

1987

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25
Q

Why was the appointment of Amy Coney Barrett so significant?

A

Because under similar circumstances the Senate refused to hold hearings for Merrick Garland (they justified this on the grounds that the Presidential election was only weeks to come, yet this was also the case for Barrett!)

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26
Q

Why were Clarence Thomas and Brett Kavanaugh controversial nominees?

A

Because they were both accused of sexual assault

Kavanaugh was accused by Dr Christine Blasey Ford of being assaulted when she was 15 and he 17 - he replaced the swing justice Kennedy - only 1 Dem voted for him and 1 Rep against

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27
Q

Are justices really independent once appointed? Yes vs No:

A

Yes:

They have life tenure

Some vote ideologically against the P who appointed them (e.g. Souter under Bush)

Some justices rule against the P that appointed them (e.g. Neil Gorsuch and Kavanaugh in Trump v Mazars (2020) ruling no one including the P is above the law and immune to prosecution)

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28
Q

Is the selection and appointment process of the SC fit for purpose? Yes:

A

Detailed scrutiny of every nominee means past misdemeanours or controversial decisions are almost certainly uncovered

There are several opportunities for unsuitable candidates to be withdrawn (last time a P withdrew a candidate was 2005)

The Senate Judiciary Committee members are experts in judicial matters and undertake detailed scrutiny of the candidates

Senate confirmation is a check on the power of the president

The Court has a broad range of different legal approaches to be represented

Justices are independent once appointed and may follow a different approach to the president who appointed them

President and Congress are both involved in the process (checks and balances)

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29
Q

Is the selection and appointment process fit for purpose? No:

A

Presidents choose nominees who appear to support their political philosophy

Justices may be selected for their record on issues such as abortion as opposed to judicial excellence

Questioning by the SJC may be aggressive and focused on embarrassing the nominee as opposed to analysing judicial expertise

If the Senate is held by the president’s party it tends to carry out less effective scrutiny

In recent years there has been less bipartisan support for justices

Senate refusal to hold hearings for Garland violated the president’s right to appoint

PGs spend millions of dollars campaigning for or against - perhaps elitist?

Media interest is often intrusive and personal

Senate’s confirmation of Kavanaugh despite sexual assault allegations damaged the court’s reputation in the eyes of many Americans

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30
Q

Name the 9 current justices:

A
  1. John Roberts
  2. Clarence Thomas
  3. Stephen Breyer
  4. Samuel Alito
  5. Sonia Sotomayor
  6. Elena Kagan
  7. Neil Gorsuch
  8. Brett Kavanaugh
  9. Amy Coney Barrett
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31
Q

What is the role of the chief justice?

A

Similar to associate justices but chairs the Court and decides which justice will write opinions on cases when the chief justice is in the majority

In this way the chief justice can influence the character of the judgements the Court makes

They also responsible for administering the oath of office at presidential inaugurations and chairing presidential impeachment trials in the Senate

32
Q

What is the current court known as?

A

The Robert Court

33
Q

What is the current balance?

A

6-3 conservative

34
Q

Who served as the swing vote between 1988 and 2018?

What judgements did he make on issues such as gun control and campaign finance vs judgements on abortion, LGBTQ+ rights and affirmative action?

A

Anthony Kennedy

Conservative
Liberal

35
Q

What did Kennedy write the majority opinion for?

A

Obergefell v Hodges (2015)

36
Q

When Kennedy retired and Trump appointed Kavanaugh, what did the court rule in Rucho v Common Cause (2019)?

A

That partisan gerrymandering was NOT unconstitutional (5-4)

37
Q

But the court does regularly reach unanimous rulings.

In addition, even in the most finely balanced judgments the division between liberals and conservatives is n it always clear cut. From 2018-19 less than __% of the 5-4 decisions had all 5 conservative justices in the majority

A

50%

38
Q

Who was considered the ‘swing vote’ between 2019-2020?

A

Chief Justice John Roberts

39
Q

What was the ruling where the court made the decision against Trump’s attempt to end the Deferred Action for Childhood Arrivals (DACA) programme in 2020?

A

5-4 despite a conservative majority court

40
Q

Is the SC diverse?

A

Some would argue no because only 5 women have ever sat on the court (Sandra Day O’Connor, Ginsburg, Sotomayor, Kagan and Barrett)

In addition, just 2 African Americans have sat on the court! (Thurgood Marshall and Clarence Thomas)

Sonia Sotomayor is the first Hispanic on the court

Pale, male and stale

41
Q

What are the 2 important constitutional roles of the SC?

A

Interpreting the constitution

Protecting citizens’ rights

42
Q

What is strict constructionism?

A

A legal philosophy that states the Constitution should be interpreted strictly according to what it says - can only be changed through formal amendments

43
Q

What are strict constructionists closely associated with?

A

Originalists - who believe the language of the constitution should be interpreted in the way the framers intended

44
Q

Which famous originalist said ‘The constitution that I interpret and apply is not living but dead - it means not what what court believes it ought to mean but what it meant when it was adopted’?

A

Antonin Scalia

45
Q

Give some other originalists:

A

Clarence Thomas, Gorsuch, Kavanaugh and Barrett

46
Q

However who pointed out that originalists will not always make conservative judgments? Give an example of a liberal ruling he made:

A

Neil Gorsuch

2020 he wrote the majority opinion on the landmark ruling that outlawed discrimination by employers because of sexual orientation or gender

47
Q

What is loose constructionism?

A

A judicial philosophy in which the Constitution is interpreted according to modern context - favours a living constitution

48
Q

Who said in 2017 the courts shouldn’t be snatching the power of changing constitutional law from the legislature?

A

Brett Kavanaugh - a year before he became a justice

49
Q

However not all are strict or loose. Give an example:

A

Sonia Sotomayor - she said the decision-making process is much more complex

‘It is about giving meaning in the basis of facts that are presented to you’

Same with John Roberts

50
Q

How has the SC interpreted the first amendment in terms of religious rights?

A

In Burwell v Hobby Lobby Stores (2014) the court struck down part of the Affordable Care Act which made family-run businesses contribute to health insurance that might be used for contraception

51
Q

First Amendment: Freedom of Speech?

A

Citizens United v Federal Election Commission (2010) - court controversially ruled that corporations, unions and associations had the same rights to free speech so could make political donations

52
Q

Second amendment: gun rights?

A

Are controversially protected by Republicans

‘A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed’- very vague however

Liberals interpret it as a collective right within an army used in emergencies while conservatives claim individuals have the right in everyday life

District of Columbia v Heller (2008)

53
Q

8th Amendment: The death penalty?

A

‘No cruel and unusual punishment’

Death penalty is currently legal in 27 states

In Baze v Rees (2008) the court ruled lethal injection was NOT cruel and unusual punishment

Electric chair only legal in 5 states

54
Q

When was judicial review established?

A

In Marbury v Madison (1803) decided by the courts themselves

55
Q

What was the ruling in Boumediene v Bush (2008)?

A

That foreign nationals detained as terrorist suspects at Guantanamo Bay by George W Bush had a right to challenge their detention in federal courts

56
Q

What did they strike down in United States v Texas (2016)?

A

Obama’s executive order giving an indefinite delay in deportation to around 5 million illegal immigrants

57
Q

The only way to overrule a Court decision is to formally amend the Consitution, so in practice the Court’s decision…

A

almost always stands

58
Q

Give some controversial landmark rulings:

A

Roe v Wade

Obergefell

Bush v Gore (2000) - essentially decided the outcome of the election as they ruled a recount in Florida in the timeframe was unconstitutional

59
Q

Why has the court been criticised as a ‘quasi-legislative’ body?

A

Because they have arguably gone beyond their constitutional role of interpreting the law by instead MAKING the law

60
Q

What is judicial restraint?

A

A legal philosophy where judges seldom rule that the law or executive actions are unconstitutional, and tends to rule in line with past precedent

61
Q

What principle does judicial review uphold?

A

Stare decisis - Latin term meaning ‘to stand by things decided’

62
Q

What is judicial activism?

A

Decisions made by judges with the aim of improving society - opposite of restraint and associated with liberal justices

63
Q

Who was accused of leading an activist court during Brown v Board 1954?

A

Justice Earl Warren - overturned precedent of Plessy v Ferguson (1896)

64
Q

The SC has played an important role in the development of federalism. It has frequently made judgements that override state law.

For example…

A

In D of Columbia the Court rules that the districts ban of handguns was unconstitutional

Roe v Wade - before Roe abortion was illegal in 30 states

Obergefell forced ALL states to allow same-sex marriage

65
Q

However, the court have also defended states’ rights against Congress. For example:

A

In Murphy v National Collegiate Athletic Association (2018) the Roberts Court struck down a law passed by Congress in 1992 that prohibited states from authorising sports gambling (Congress had exceeded its powers under the Commerce clause)

66
Q

Who argues ‘states’ rights’ have been used to justify discrimination?

A

Liberals

67
Q

Is the SC too political? Yes:

A

This unelected body can make important changes to the most controversial areas of public policy

The nomination and confirmation process of justices is highly politicised

Most justices make either conservative or liberal judgements

Justices generally share the political stance of the p who appointed them

Criticised as acting as a ‘third house of the legislature’ by making rather than interpreting the law

Judicial activists go beyond the intentions of the framers

Roe v Wade is a key dividing line between liberals and conservatives

Court effectively decided the presidential election result in Bush v Gore

Over time the Court has expanded the powers of the federal government at the expense of states’ rights

68
Q

Is the Supreme Court too political? No:

A

For the Constitution to remain relevant the Court must apply it to moderate areas of public policy, even if this is controversial

Justices are independent once appointed

Decisions are made on the basis of legal argument and not political principles

Some justices do not reflect the stance of the president who appointed them e.g. Souter

Some vote against the president e.g. Gorsuch and Kavanaugh

Some justices are swing voters

Judicial activism is necessary to ensure all citizens enjoy equal protection under the law as in Brown v Topeka

Congress acts as a check on an overly political SC - it can initiate a constitutional amendment

69
Q

Summary of Brown v Topeka:

A

Most significant landmark ruling in US history

13 AA parents from Topeka in Kansas brought this lawsuit after their children were denied access to the local all-white school

The NAACP supported the legal challenge

Their parents were represented by lawyer Thurgood Marshall who later became the first AA supreme court justice

Overrode the Jim Crow laws in the South (segregation laws - ‘separate but equal’)

Segregation laws violated the 14th Amendment which gives citizens ‘equal protection’ under a state’s laws

70
Q

Summary of Obergefell:

A

James Obergefell married his husband in Maryland but the state of Ohio did not recognise their marriage

the case changed this

Like Brown the case focused on the ‘equal protection’ clause of the 14th Amendment

Majority of justices took a loose constructionist approach

Some argued the right to religious freedom was being infringed

71
Q

Summary of Roe v Wade:

A

‘Jane Roe’ aka Norma McCorvey

Abortion was illegal in Texas at the time

Case took several years to reach the SC

Case was taken on by 2 young female lawyers

7-2 ruling that women had the right to abortion in the first trimester

It considered the ‘due process’ clause of the 14th amendment which read ‘no state shall deprive any person of life, liberty or property, without due process of law’ - implied a right to privacy

72
Q

What are the 3 cases related to abortion after Roe?

A
  1. Planned Parenthood v Casey (1992)
  2. Gonzales v Carhart (2007)
  3. Whole Woman’s Health v Hellerstedt (2016)
73
Q

Planned Parenthood v Casey (1992):

A

Health provider and non-profit organisation Planned Parenthood challenged the right of Robert Casey, governor of Pennsylvania, to introduce several regulations on abortions.

Court applied state decisions and did not overturn Roe, DEPSITE having a conservative majority

HOWEVER the states were allowed to regulate abortion in the early stages of pregnancy providing it was not an ‘undue burden’ on the woman - this weakened abortion rights because the first trimester was no longer protected from restrictions

74
Q

Gonzales v Carhart (2007):

A

A challenge by doctors to the Partial-Birth Abortion Ban Act 2003

It banned a certain type of abortion used in late-term pregnancies

While the law was ruled unconstitutional by lower federal courts, the Supreme Court upheld the ban 5-4

All five majority justices were Catholic

Ginsburg opposed the ruling

Triumph for religious and conservative PGs

Many switched to a strategy of eroding abortion rights through legislation rather than overturning Roe

75
Q

Whole Woman’s Health v Hellerstedt (2016)

A

Biggest triumph for liberals since Roe

TRAP laws were ruled unconstitutional 5-3 because they placed an ‘undue burden’ on women

TRAP laws had included restrictions on the corridor width of the medical facility where the abortion is carried out

76
Q

The significance of Trump’s
6-3 conservative court:

A

Overturned Roe v Wade in Hobbs v Jackson Women’s Health Organisation (2022)

The campaign to remove federal abortion rights received support from more than 200 members of Congress who signed amicus curiae briefs at the start of 2020 asking the Court to reconsider the ruling of Roe

US Politics (8 decks)

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