The Supreme Court and Public Policy

What is public policy?

Policy created by new laws passed in Congress or by Executive action.

How does the court have influence on public policy?

As the court has an interpretative role with regards to the constitutionality or otherwise Presidential or Congressional laws are sovereign

What is the impact of the Supreme Court on public policy?

• Uphold existing policy

• Remove existing policy

• Establish new policy

What is the importance of Roe v Wade (1973) on public policy?

• This case created the federal constitutional right to an abortion based on the 14th Amendment

• The court loosely interpreted a women’s decision to an abortion was a private matter and thus the states should not have any influence on it (first trimester)

• It was a 7-2 decision with 5 conservative justices voting for it

Why couldn’t Congress pass legislation about abortion?

Congress might have passed a law to overturn this but due to hyper-partisanship makes this difficult and the Senate is usually divided so a filibuster would occur and reaching 60 cloture votes is very hard to achieve.

What is the importance of Gonzales v Carhart (2007) on public policy?

• Justice Roberts voted to uphold the Partial Birth Abortion Act that passed in Congress in 2003 - evidence officials.

• This act prohibited a certain type of abortion as it followed the precedent as this occurs after the 1st trimester.

• Yet he ignored the precedent established in Stenberg v Carhart 2000 and supports the law but doesn’t unravel Roe v Wade.

What is the importance of Planned Parenthood Arkansas v Jegley (2018) on public policy?

• This appeal case challenged the strict regulation of medical abortion. The Supreme Court refused to hear the case and Planned Parenthood stated that it would stop providing medication abortion in the state.

• There refusal to accept a case can impact legislation produce.

What is the importance of Dobbs v Jackson Women’s Health Organisation (2022) on public policy?

• 5-4 decision to overrule Roe v Wade - Roberts sided with the liberals

• The strict constructionists rejected the notion that abortion went under privacy - went back to state control

• Judicial activism as the justices did not follow previous precedent and made new legislation

• Congress could pass legislation but its more likely to be challenged (stare decisis)

What is the importance of United States v Texas (2016) on public policy?

• Obama issued an Executive Order for DAPA to allow the delay of illegal immigrant’s deportation.

• This allowed 5 million unauthorised immigrants, who were parents of lawful residents, to remain legally in the country.

• 25 Republican states led by Texas challenged the President’s executive order. The federal appeal court concluded that this was beyond the President’s power but the Supreme Court was tied so the lower court’s judgement.

What is the importance of Trump v Hawaii (2018) on public policy?

• Trump issued the Muslim travel ban (not allowing citizens arrive from Muslim majority countries due to his concerns over terrorism).

• These orders were blocked by Hawaii Justice Kennedy decided that the President was with in his rights to prevent and protect the interests of the USA for being allowed entry - was this a political decisions?

What is the importance of Citizens United v Federal Election Commission (2010) on public policy?

Created super PACs and allowed unlimited money in US election. Altered the balance of power in elections in increase in dark money

Attempts at a federal level to pass comprehensive campaign finance reform have faced political hurdles and partisan divisions set by the SC