Overview of the Supreme Court

US Court system

US Supreme Court- 1 Court

US Court of Appeals- 13 Circuits (12 regional and 1 Federal)

US District Courts- 94 Districts, each with a bankruptcy Court plus a Court of International Trade and US Court of Federal claims

Features of Justice Nominations

-Highly politicised

-yet the supreme court should only be made up of the most highly- qualified and respectful legal minds

Presidential politicisation of Judicial appointment

-Choose a justice who’s political and judicial views a line with them

-Republicans want a strict conservative

-Democrats want a liberal adaptive

-Litmus test carried out on their previous views and stance

-Bush and Reagan have appointed the most conservative members of the court

Senate Politicisation

-Defeat of Robert Bork 1987, one of the most outstanding jurists and scholars of his generation. Liberals attacked him with pro abortion league and National Organization of Women’s rights

-Clarence Thomas (1991) voted almost entirely on the grounds of Political lines. With 11 Democrats voting with him and only 3 republicans voting against him.

-The issue is as long as the president has party control of the senate he can get almost anyone he wants confirmed to the Senate. Meanwhile Senators look for ways to embarrass and attack the nominee

Politicisation by media

Taking focus away from judicial philosophy and qualification going into too much detail over irrelevant things.

Strict Constructionist

A Supreme court justice who interprets the Constitution strictly or literally, stresses retention of power by individual states.

Loose Constructionist

A Supreme court justice who interprets the Constitution less literally and tends to stress the broad grants

Originalist

A Supreme Court justice who interprets the constitution in line with the meaning or intent of the frames at the time of enactment

Living Constitution

The constitution considered as a dynamic, living document, interpretation of which should take account of the views of society.

Who are the current 9 justices in the supreme court

Chief John G. Roberts George W. Bush

Clarence Thomas- George H.W. Bush

Samuel A. Alito- George W. Bush

Sonia Sotomayor- Barack Obama

Elena Kagan- Barrack Obama

Neil M. Gorsuch-Donald Trump

Brett M. Kavanaugh- Donald Trump

Amy Cony Barret- Donald Trump

Ketanji Brown Jackson- Joe Biden

What is Judicial Review?

The power of the Supreme Court to declare Acts of Congress, or actions of the executive (or state governments) unconstitutional, thereby null and void.

How was the power of Judicial review created

In 1803 case of Marbury v Madison where the supreme court declared an act unconstitutional for the first time. Giving the court quasi-legislative powers

How did the supreme court initially decide abortion laws

In the case of Roe v Wade in 1973 the court ruled in favour of ‘Jane Roe’ and protected the right for abortion.

Political commentator Mark Shields has been quoted that America’s two major parties are ‘separated (only) by the issue of abortion’ this is made clear in the recent years where a republican majority overruled the supreme court ruling from almost 50 years prior

Judicial Activism

-personal views

-legislating from the bench

-Making their own laws

-positive activism

As T.R. van Geel says they seek to be an equal player to other branches in shaping policy

Judicial Restraint

-limits their own power

-Referee not legislator

-Stare decisis

Baker v. Carr 1962 (judicial restraint)

-Baker former mayor argues that the state is not reapportioning its legislative districts to fit with the census and population

-under 14th amendment they weren’t getting equal protection as they weren’t equally represented

Stare decisis

A legal principle that judges should look to past precedents as a guide wherever possible (let decisions stand)

Notable cases of Judicial Activism

-Brown v Board of Education of Topeka (1954)

-Roe v Wade (1973)

-Bush v Gore (2000)

what does the first amendment protect

Freedom of religion, speech, press and assembly

Zelman v Simmons-Harris (2002)

Court upheld a programme in Ohio to give financial aid to parents to send kids to a private or religious school

Burwell v Hobby Lobby Stores Inc. 2014

Obamacare violated The religious Freedoms restoration act (1993) as under obama care family owned corporations were made to pay for health insurance coverage for contraception which violated RFRA

Citizens United v Federal Election Commission (2010)

Ruled that corporations are people overruling decisions made way back in the 1940s

Second Amendment

The right to bear arms

District of Columbia v Heller (2008)

Ruled that banning of handguns and unloading of rifles and shotguns by the District of Columbia in 1976 was unconstitutional

The eighth amendment

Excessive bail should not be required and punishments should not be cruel or unusual

Hall v Florida (2014)

Hall on death throw since raping a murdering a pregnant girl in 1973 argued that the score to be put to death of 70 was arbitrary and breached his rights under the eight ammendment