Judicial philosophy and its impact

Define judicial philosophy

Refers to the underlying sets of ideas and beliefs which shapes their rulings on particular cases - how judges interpret the law

Define strict constructionists

Judges interpret the constitution’s literal meaning - they tend to favour state govts over federal govts due to Amendment X. They believe that they’re interpreting the constitution in line with its original meaning .

Which type of President’s tend to appoint strict constructionists?

Republicans

Give some examples of strict constructionist judges

Justice Scalia and Roberts

Define loose constructionists

Judges interpret the constitution more loosely - they tend to favour federal govt over state govts. They interpret the meaning and the intention of the founding fathers and try to relate it to contemporary times. They see the constitution as a living document which can be adapted for a modern society.

Define swing justices

The pivotal justices who in an unbalanced court, who will be often are influential in the casting vote - ideologically in the middle of the court

Who was the key swing justice up to 2018 and what were the key cases?

Justice Kenney - he was the Swing Justice who could tip the balance of key cases such as Obergefell v Hodges (2013)

What role has Justice Roberts played in recent cases?

• He has sided with the four liberal justices to uphold key provisions of the Affordable Care Act. In the Sebelius case (2012) Roberts sided with the liberals stating the the ACA did not restrict state power because it broke the interstate commerce clause of the Constitution.

• In Carpenter v United States (2018), Roberts sided with the liberals in ruling that acquiring cell phone location data was akin to a fourth amendment search and required warrant

What was the impact Amy Coney Barret’s appointment in 2020?

The Trump nominee tipped the court into a conservative majority - however it was said that in 2020-21 court was fluid and very unpredictable

How many cases did the SC hear in 2020-21 and what were the outcomes?

• 55 cases

• 47% were 9-0

• 22% were 6-3

• 11% were 5-4

Between 2000-18 what percentage of cases would lead to an unanimous judgement?

36%

What are the arguments in favour of originalism?

• It improves neutrality - literal intent of the words not personal values on the constitution and important constitutional disputes

• Gives greater authority to the constitution which can therefore be seen as more objective document

• If new principles are placed in the constitution, its through a democratic amendment process and not enforced by unelected judges

What are the arguments in favour of loose constructionist?

• Stop constitution becoming an outdated and irrelevant and it lets it reflect the values and practical needs of modern society

• Its virtually impossible to discern the exact values of the FF and how this applies to modern society - originalist are no more objective than loose constructionists

• FF may have been vague - judicial discretion

What is Roberts (conservative) and Kagan (liberal) agreement rate?

93%

What is the importance of Kelly v Pennsylvania?

The Supreme Court refused to hear cases by Trump and his supporters claiming the 2020 election was fraudulent even though the court is packed with Trump nominated justices - thus they can resist political pressure and remain neutral.

How many cases ended in a 6-3 result in 2023-24?

• 2/3 of cases resulted in 6-3

• Of this proportion, 50% were a political split (along ideological lines)

Which justice is most likely to split votes in 2023-24?

Amy Coney Barret

What percentage of cases did the conservative justices vote along ideological lines?

33%

What percentage of cases did the liberal justices vote along ideological lines?

83%

What is the current success rate of the current course?

It has the lowest success rate in comparison to the last 15 administrations

What was the importance of the Clarence Thomas and his lack of impeachment?

• It was discovered that Thomas went on trips paid by a Republican called Crow - was he being influenced politically

• However, there was no evidence of this or that he broke the code of conduct thus the question of how effective impeachment is

What is the Shadow Docket?

The SC’s power to deal with procedural issues briefs - unsigned orders without the issues being argued in front of the court (as appeals take a long time - behind public courts

What is the number of Shadow Docket cases occurred in 2001-17 in comparison to 2017-21?

• 2001-17: 8 applications

• 2017-21: 41 applications

In September 2021, what did the court allow in the Shadow Docket?

Abortion laws (banning after 6 weeks) - Court refused to block this prior to Dobbs.