Response to Commentaries

2000 ◽  
Vol 24 (2) ◽  
pp. 443-450
Author(s):  
J. Morgan Kousser

The often kind and always interesting comments of Larry Griffin, David James, and Bradley Palmquist touch different aspects of Colorblind Injustice. Let me respond to them, in effect, in chronological order, according to which periods of history illuminate the comments the most. Palmquist points out that institutions like the Supreme Court may suddenly reverse their decisions, as the Court did in the !“switch in time that saved nine” after FDR had proposed to pack the body in 1937, or as it over-turned Plessy v. Ferguson (1896) in Brown v. Board of Education (1954). But as the Brown example suggests, it often takes a long time to overturn precedents, and that is the case with minority voting rights, as well. It was 25 years after Richard Nixon’s “southern strategy,” 24 years after Earl Warren ceased to be Chief Justice, and 23 years after Nixon proposed to water down the Voting Rights Act before the overwhelmingly Republican Supreme Court dared to seriously undermine African American and Latino political rights. Even then, they hesitated to attack the Voting Rights Act itself directly. Major institutions are tough in two senses: their policies often have large impacts, and the institutions, including those as tiny as the nine-member Supreme Court, are difficult to change.

1994 ◽  
Vol 14 ◽  
pp. 565-575
Author(s):  
Howard A. Scarrow

The weakening of American political parties has been a theme featured in the writings of political scientists for the past several decades. This essay is addressed to developments which may further that decline-developments which have undermined the very purpose which American political parties are said to serve. I refer to legal standards which were established by the Supreme Court in 1964, and which have since been expanded by the Court and then incorporated into the Voting Rights Act of 1965 and its amendment in 1982.


The Forum ◽  
2018 ◽  
Vol 16 (2) ◽  
pp. 289-312
Author(s):  
M. Adrienne Jones

Abstract This article investigates the relationship between Congressional GOP roll call votes on the Voting Rights Act reauthorization (VRARA) in 2006 and the GOP response to Shelby v. Holder in 2013. Why did the GOP support the VRARA in 2006 and the Shelby decision in 2013 that effectively nullified the VRA? The analysis presented here will demonstrate that the ideological position of the GOP – opposition to the VRA – was the same in both situations. Because Congress was a politically dangerous place for the GOP to oppose the VRA in 2006, it widened the scope of the conflict and helped facilitate the evisceration of Section 5 by the Supreme Court, instead of attempting to achieve that goal in Congress.


2021 ◽  
pp. 201-221
Author(s):  
Shenita Brazelton ◽  
Dianne M. Pinderhughes

We examine the demographics of the federal judiciary and the impact President Obama had on diversifying the federal bench. We discuss the record-breaking number of women and minorities Obama appointed to federal courts at all levels. Considering the historic and current struggles of African Americans in attaining civil rights, we focus our discussion on the appointment of Black federal judges. We highlight the historic firsts for African American appointees and the continuing need for Black federal judges, particularly in the South. We also discuss the inclusionary dilemma in the context of President Obama’s selections for staffing the federal judiciary. We discuss Obama’s decision not to appoint a third African American justice to the Supreme Court, but we examine his record-breaking number of African American appointments to the lower federal courts. Despite these historic appointments, President Obama’s appointment power was not unfettered. In the end, we assess the impact of Obama’s appointees in view of voting rights litigation. Voting rights are particularly pertinent for racial minorities who have been historically denied these rights but have made gains in electing minorities to public office. In the conclusion, we discuss the racial implications of the Trump administration’s attempts to reverse Obama’s judicial legacy.


2011 ◽  
Vol 60 (5) ◽  
Author(s):  
Fabio Persano

Negli Stati Uniti il dibattito sull’aborto è sempre un tema molto caldo. Questo saggio, diviso in due parti (la prima parte è stata pubblicata sul precedente numero della rivista) prova a ripercorrere l’evoluzione della giurisprudenza costituzionale statunitense in materia d’aborto, evidenziando i cambiamenti che ciascuna decisione ha apportato al quadro giuridico precedente. In questa seconda parte, la dissertazione sui singoli casi giurisprudenziali decisi dalla Suprema Corte prosegue con il caso Planned Parenthood v. Casey. Esso è stato una vera occasione mancata nella storia dell’aborto negli Stati Uniti, perchè venne sfiorata la overrule di Roe v. Wade. Ciononostante, venne sostanzialmente confermato l’impianto delle decisioni precedenti, in considerazione del fatto che una decisione contraria all’aborto avrebbe spiazzato un popolo che per decenni aveva organizzato la propria vita in funzione anche della possibilità di abortire. Con questa decisione si distinse la gravidanza in due periodi: quello della pre-viabilità, in cui la donna era completamente libera di abortire in accordo col medico; quello della post-viabilità, in cui gli Stati avrebbero potuto legiferare, pur dovendo consentire l’aborto nel caso di pericolo per la vita o la salute della madre. Inoltre il diritto d’aborto venne radicato nella libertà riconosciuta nel XIV Emendamento della Costituzione. Nel successivo caso Stenberg v. Carhart fu oggetto di giudizio l’aborto a nascita parziale: una legge del Nebraska aveva bandito questa pratica, ma la legge fu annullata dalla Corte Suprema, nonostante il duro dissenso di ben quattro giudici, fra cui Anthony Kennedy. Successivamente a questa decisione, il Congresso prese l’iniziativa di emanare il Partial Birth Abortion Ban Act. Questa legge fu impugnata in via d’azione davanti alla Corte Suprema e ne scaturì la sentenza Gonzalez v. Carhart. In questa decisione la Corte fece un passo indietro rispetto a Stenberg, affermò la legittimità del bando, sostenne che l’aborto a nascita parziale non è mai necessario per tutelare la vita della donna e che Stenberg era fondato su convinzioni erronee sul punto. Il saggio si conclude con delle interessanti considerazioni in merito ai possibili sviluppi futuri circa il tema dell’aborto negli Stati Uniti, auspica la “liberalizzazione del diritto alla vita” ed avanza una originale proposta, valida per tutti i Paesi in cui l’aborto è legalizzato. ---------- Abortion debate is always a hot subject in the United States. This essay, divided into two parts (the first part has been published on the previous issue of this review) tries to go along the development of U.S. constitutional caselaw about abortion, pointing out the change that each judgement caused to the previous law framework. In this second part, the dissertation about U.S. Supreme Court single case-law goes on by Planned Parenthood v. Casey. It was a real missed occasion in the abortion affair in the United States, because it was on the verge of overruling Roe v. Wade. However, the framework of the previous cases was substantially confirmed, considering that a decision against abortion would place out people who for a long time organized their own life in connection to the right of abortion. By this judgement, pregnancy was divided into two periods: pre-viability, when woman was completely free to have an abortion in agreement with her doctor; post-viability, when States could restrict abortion, except for woman life or health risks. Moreover, abortion right was founded on liberty, acknowledged by XIV Amendement. In the following case Gonzalez v. Carhart, partial-birth abortion was judged: a statute of Nebraska banned this activity, but it was stroked down by Supreme Court, despite of the dissenting opinion of four judges (Anthony Kennedy was one of them). After this judgement, the Congress wanted to issue Partial Birth Abortion Ban Act. This statute was pre-enforcement challenged to the Supreme Court, and Gonzalez v. Carhart was poured. In this judgment, the Court drew back Stenberg, it stated the ban was legitimate, partial-birth abortion never is necessary to safeguard woman health, and Stenberg was founded on wrong beliefs on this matter. This essay concludes with interesting considerations about possible developments about abortion affair in the United States, wishes “liberty of right to life” and proposes a solution for all the countries where abortion is legal.


2019 ◽  
Vol 6 (4) ◽  
pp. p424
Author(s):  
Shiw Balak Prasad

In a democratic form of Government all citizens of the country are equal before the law of land. There is no scope of differences in any stage of life between them. Although natural discrimination may be possible, but politically and legally all should be equal. Discrimination on one or more of these factors became normal feathers particular in the third world countries of Africa and Asia. Really this social discrimination reflects in political rights and economic opportunities of the people so that the question of social justice became very important.In India, there has been so many social, economic and educational discrimination among the people from the very beginning. Weaker sections of the people have been deprived their rights. They are living like animal even today. So, Framers of the constitution of India include the provisions of reservation in the constitution of some posts of Government services to Scheduled Caste, Scheduled Tribes and Other Backward Classes for their upliftment. Actually, these reservation policies were implemented for scheduled castes and scheduled tribes only at the time of implementation of the constitution. After very long time, the then prime minister Late V.P. Singh had implemented 27 percent reservation to other backward classes for gaining of Social Justice. But due to conspiracy and the upper castes the conditions of reamy layer were imposed by the supreme court of India. Thus this paper will disclose all secrets in this countex.


2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.


PEDIATRICS ◽  
1978 ◽  
Vol 62 (1) ◽  
pp. 7-7
Author(s):  
Christopher Jenks

Opponents of abortion sometimes argue that a fetus "wants" to grow up into a real person. But every egg and sperm also "want" to become a person in this sense. And if that is the case, how can one defend either contraception or celibacy, both of which deny life to millions of eggs and sperms that "want" to become people, and both of which also involve repression of "natural" impulses? The question of whether abortion is morally wrong depends on when we become "human." Unfortunately, this does not happen all at once, as in medieval fantasies of the soul's entering the body. It happens bit by bit. We must therefore make some arbitrary decision about when to confer the "right to life." Because nature offers no clear guidance about where this line should be drawn, the most humane solution is to draw it so as to minimize human suffering. I doubt, however, that opponents of abortion will accept this approach, for once you accept it, you will almost inevitably be led to precisely the same "liberal" conclusion the Supreme Court reached five years ago in Roe v. Wade.


2021 ◽  
pp. 240-243
Author(s):  
Michael J. Rosenfeld

Chapter 18 describes social science research of the 1940s and 1950s that showed how segregation harmed both minority and majority populations and thereby played a role in the landmark Brown v. Board of Education decision of 1954. Between 1896, when the Supreme Court endorsed segregation in Plessy v. Ferguson to 1954, when the Supreme Court rejected segregation, social science had built a consensus about the many harms and costs that racial segregation imposed on Black and on White children. Like school desegregation, marriage equality’s victories in the courts were built on a social science consensus, specifically the social science consensus that children raised by same-sex couples have good outcomes.


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