Evaluate the view that the US Supreme Court has become too activist in recent years

(1) Point against my view

• There have been instances where the court has overturned longstanding precedents, such as in the cases of Roe v. Wade or Citizens United v. FEC, which some view as examples of judicial activism.

(1) Example for point against my view

• 6-3 ruling in Dobbs v Jackson

(1) Point for my view

• While the court has overturned precedents in some cases, proponents argue that this is a natural part of legal evolution and does not necessarily indicate activism. Justices may overturn precedents when they believe they are inconsistent with constitutional principles.

(1) Example for point for my view

• In 2022 case New York State Rifle & Pistol Association v. Bruen, a 6-3 decision by the Court struck down a New York law that required individuals to show "proper cause" to obtain a license to carry a concealed handgun in public. The ruling overturned a key precedent from over a decade earlier. Stated that the 2nd Amendment protects individual's right to carry handgun for self-defense outside the home.

(2) Point against my view

• Critics suggest that the court's decisions often align with the ideological leanings of the justices rather than strict adherence to legal principles, indicating a politicisation of the judiciary.

(2) Example for point against my view

• In the case of Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court ruled 6-3 on June 29, 2023 that the use of race-conscious affirmative action in college admissions is unconstitutional.

(2) Point for my view

• Proponents argue that the court's role is to interpret the Constitution and ensure that laws align with its provisions. They contend that decisions perceived as activist are often based on a genuine interpretation of constitutional principles.

(2) Example for point for my view

• Yesterday the US Supreme Court unanimously upheld access to abortion pill mifepristone

(3) Point against my view

• The court's involvement in contentious issues such as healthcare, immigration, and voting rights has led to accusations that it is engaging in policy-making, a role traditionally reserved for the legislative branch.

(3) Example for point against my view

• In United States v. Hansen (2023), the Court ruled 6-3 that the federal law criminalising encouraging or inducing illegal immigration for commercial advantage or private financial gain is unconstitutionally overbroad in violation of the First Amendment's free speech protections.

(3) Point for my view

• The Supreme Court's role as a check on the power of the other branches of government requires it to sometimes make decisions that could be perceived as activist. Without such intervention, there is a risk of executive or legislative overreach.

(3) Evidence for point for my view

• The SC, in a 6-3 ruling on June 30, 2023, struck down President Biden's student loan forgiveness program, which aimed to cancel up to $20,000 in federal student loan debt for millions of borrowers.