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Politics > US Supreme Court > Flashcards

US Supreme Court Flashcards

1
Q

What is judicial activism vs restraint

A
  • use position to promote desirable ends
  • not doing that. Deferring to other branches and precedent
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2
Q

What committed the court to 9 judges

A

1879 justice act

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3
Q

Which two cases gave the court the power of judicial review

A

Marbury v madison 1803 - fed
Fletcher v peck 1810 - state

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4
Q

What is meant by an appellate court (sc is one)

A

Court if appeals - cases have to be brought to them

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5
Q

How many cases do SC hear a year

A

60-80/8k

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6
Q

End of 2024 - who is on the court

A

ACB, Kavanaugh, gorsuch , Sotomayor, kagan, brown Jackson, Thomas, alito, Robert’s

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7
Q

When were Robert’s, alito, Sotomayor and kagan appointed

A

05, 06, 08, 09

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8
Q

Why was alitos appointment so important

A

Switched ideology if the court, replaced Sandra day O’Connor, stayed conservative for nearly 20 years

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9
Q

When was gorsuch appointed and why

A

2016, Scalia died, Obama tried to nominate garland but republicans delayed and said no to close to election

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10
Q

Give an example of a like for like replacement

A

Robert’s replacing Rehnquist - both conservative

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11
Q

Give an example of branches nit getting along (politicises court?)

A

Sof the Union 2011 ‘opened the floodgates for special interests’ alito mouthing not tru

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12
Q

When was the last time congress rejected a justice

A

Robert bork

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13
Q

Give an example of how court has no peer of enforcement

A

Brown v Topeka 1954, relied on president and federal/national guard to enforce

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14
Q

Why was Brett kavanaugh’s appointment controversial

A

Christie Blasey ford came forward with sexual assault allegations

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15
Q

What happens in the event of a tie vote on the SC

A

Ruling of lower court stands

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16
Q

Who had the closest confirmation vote

A

Brown Jackson with 50 dems for to 47 reps against

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17
Q

What is an amicus curiae brief

A

Documents to court trying to influence their ruling on a case - allows pressure groups to influence the process

18
Q

On average how many amicus curiae briefs are filed per case, cited in what % of cases

A

2019 - 16, general trend increasing, 65

19
Q

How many amicus curiae briefs were filed in McDonald v Chicago case? What was interest about these?

A

33, one by congress signed by 58 senators, separation of powers?

20
Q

For how long did Thomas not ask a question in oral arguments

A

10 years, 2006 to 2016, judicial restraint

21
Q

In the voting agreement percentages form 2016 to 2021, all are above what?

A

50% , even for ACB the most conservative judge

22
Q

Because congress delayed process in 2015, how long did SC have 8 judges

A

10 months

23
Q

Give an example of a death, a retirement and an impeachment

A

Death - Ruth Bailey Ginsberg 2020
Retire - Stephen Breyer 2021
Impeachment - Samuel chase 1805

24
Q

Who was the 1st Jewish woman on the court

A

Kagan

25
Q

In the senate committee hearings , how many people are normally on it? For Sotomayor, how much if the time did she spend speaking compared to the commiteee

A

20, 1/3, 2/3 - hearing her??

26
Q

Give an example of how hyper partisanship has affected the appointment process

A

Kagan - shanked filibuster 60 votes to pass / avoid filibuster rule to 50

27
Q

Give an example of how embedded in pop culture the SC is

A

SNL cold open skit - prime time TV, 15 mins / 1 hour

28
Q

What did Miranda v Arizona do

A

Miranda rights / criminal rights, controversial but still stands - power of the court

29
Q

When was roe v wade

A

1973

30
Q

When was Buckley v valeo and what did it do? What did McConnell v FEC do? When was it? What and when was citizens utd v FEC

A

Imposed limits of campaign finance in 1973, 2003, money free speech for individuals, 2010, money free speech for companies and groups

31
Q

Give me a SC case in flag burning

A

Texas v Johnson - overturned 38 state laws that had Mande this illegal

32
Q

When and what was grutter v bollinger , what case has more recently followed

A

2003, affirmative action - fine for 20 yrs
students for fairer access v Harvard - removed right to use race in applications - breach of stare decisis? More conservative court? Equality achieved?

33
Q

Give an example of how slow moving progress can be with the Supreme Court

A

1970s law challenge in DC v heller 2008 - undermined 2nd amendment rights,

34
Q

When was Gonzales v carhart and what did it decide

A

2007 5-4 ban on partial birth abortions - liberals would have agreed had exceptions of mothers health been included

35
Q

Give an example of the weak power of the Supreme Court

A

Hamdi v Rumsfeld 2004
Hamden v Rumsfeld 2006
Boumediene v bush 2008
3 cases 4 years bush ignoring lots - suspected terrsits access to us civilian courts system?

36
Q

What was the NFIB v Sibelius case and why was it interesting

A

Obama care a tax? 2012 - Robert’s said he had to vote with liberals be sure constitutionally it was a tax - but he didn’t agree with Obamacare

37
Q

What and when was the masterpiece cake shop v Colorado civil rights case

A

2018 - gay marriage cake can they refuse on religious grounds, SC says yes
Uk case of Lee v Asher’s baking company

38
Q

Give an example of a case limiting the president

A

US v Texas 2016
Banned DAPA upholding decision of lower court, Obama , decision 4-4

39
Q

What and when was glossip v gross

A

Lethal injection drugs cruel and unusual? 5-4 says no, prisoner must provide alternative, 2015

40
Q

What and when was Arizona v US

A

2012, states can’t implement own immigration rules, federal supremacy

41
Q

Give an example of a case that went against the ideology of the court at the time

A

2023 Allen v Milligan - voting rights and redistributing - violated voting rights act

42
Q

Alabama, Louisiana were what % black, due to gerrymandering mandering cussing reps and dems to lose/gain how many seats in each state

A

Alabama - 27%, R -1, D +1
Louisiana - 33%, R -1, D +1

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