Conclusion

2022 ◽  
pp. 296-317

This chapter summarizes the role of the U.S. Supreme Court as a national policy-making institution. As the final arbiter of law in the United States, the nine unelected justices of the Supreme Court contend their attitudes and decisions are tied to the political selection of justices. Extending the right to marry to same-sex couples through judicial means ignited a backlash in which religious groups and individuals turned to legislative solutions to contest the court's decision and its obligation to recognize marriage equality. Today, the same types of claims that once justified anti-LGBTQ laws are being used to advocate for religious and moral exemptions from laws designed to protect the dignity of LGBTQ people. With this turn back to religion, the cycle of subordination has come full circle. Future decision making from the court to extend the rights of LGBTQ citizens is directly tied to the changing composition of its members.

2022 ◽  
pp. 34-42
Author(s):  
Karla L. Drenner

This chapter summarizes the role of the U.S. Supreme Court in national policymaking. In the United States there exists a nationally shared set of beliefs, values, and customs, or cultural universals. However, these shared attributes vary according to place and political affiliation. Extending the right to marry to same-sex couples through judicial means precipitated a backlash in which religious groups and individuals turned to legislative solutions to contest the court's decision and their obligation to recognize marriage equality. As the final arbiter of law in the United States, the nine unelected justices of the U.S. Supreme Court play a significant role in policymaking, and their attitudes and decisions regarding policy are tied to the political selection of justices. In the future, decision making from the court to further extend the rights of LGBT citizens may be directly tied to the increasingly partisan selection process for justices.


This chapter summarizes the role of the U.S. Supreme Court in national policymaking. In the United States there exists a nationally shared set of beliefs, values, and customs, or cultural universals. However, these shared attributes vary according to place and political affiliation. Extending the right to marry to same-sex couples through judicial means precipitated a backlash in which religious groups and individuals turned to legislative solutions to contest the court's decision and their obligation to recognize marriage equality. As the final arbiter of law in the United States, the nine unelected justices of the U.S. Supreme Court play a significant role in policymaking, and their attitudes and decisions regarding policy are tied to the political selection of justices. In the future, decision making from the court to further extend the rights of LGBT citizens may be directly tied to the increasingly partisan selection process for justices.


1976 ◽  
Vol 70 (1) ◽  
pp. 50-63 ◽  
Author(s):  
Jonathan D. Casper

The role of the Supreme Court of the United States in national policy making has long been a subject of debate among students of the American legal system and of democratic theory. Both the relative influence of the Court vis-à-vis other political institutions and the implications of judicial review for principles of majority rule and democracy have been central to this discussion. Perhaps the most influential account of the role of the Court offered in recent years is Robert A. Dahl's 1957 article, “Decision-Making in a Democracy: The Role of the Supreme Court in National Policy-Making.” Dahl argues that the Court, like other political institutions, is a member of the stable ruling coalitions that dominate American politics, and that its decisions are generally supportive of the policies emerging from other political institutions.Consideration of the way Dahl interprets his own evidence, of Court decisions since 1957, and of other relevant evidence that is excluded from his analysis (particularly the activities of the Court in statutory construction and in cases arising out of states and localities) suggests that the Court participates more significantly in national policy making than Dahl's argument admits.


2014 ◽  
Vol 38 (1) ◽  
pp. 123-136
Author(s):  
Izabela Kraśnicka

Abstract The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”


2021 ◽  
Vol 6 (1) ◽  
pp. 79-89
Author(s):  
Giustina Luisa Bombini

Over the course of 23 years, United States Senator Susan Collins (R-ME) has been able to successfully walk a unique line of nonpartisanship, never stepping too far to the right, or to the left. However, following her vote to confirm Justice Brett Kavanaugh to the United States Supreme Court in 2017, and her vote to acquit President Trump of his impeachment charges in early 2020, Susan Collins placed herself in an incredibly precarious situation. Pundits and analysts were convinced that this election would turn into a referendum on Susan Collins (Lyall 2020). Meanwhile, her opponent, the current Speaker of the Maine House of Representatives, Sara Gideon, consistently led in the polls and worked off of the momentum gained from the success of the U.S. House Democrats in the 2018 midterms. And yet, Susan Collins stunned the nation by defeating Gideon. This paper evaluates and analyses what possible causes led to this outcome. Ultimately, Collins’ choice to vote against the confirmation of late-Ruth Bader Ginsburg's replacement on the Supreme Court convinced Mainers that Susan Collins could still be trusted, and should be given another chance.


2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Miodrag N. Simović ◽  
Vladimir M. Simović

The paper analyses some relevant issues related to the treatment oflaw enforcement officers in the United States after a person has been taken intocustody or otherwise deprived of liberty, which requires informing that personof his/her constitutional rights. In the landmark decision Miranda v. Arizona(1966), the Supreme Court of the United States set standards for law enforcementofficers to follow when interrogating suspects held in custody.Suspects who are subject to custodial interrogation must be warned of theirright to remain silent; that any statements they make may be used as evidenceagainst them; that they have a right to an attorney; and if they cannot afford anattorney, the State will assign them one prior to any questioning, if they so wish.According to Miranda, unless those rights are not read, any evidence obtainedduring the interrogation may not be used against the defendant.Ever since Miranda was decided, state and federal courts have struggled witha number of issues with regard to its application, including the suspect’s beingin custody, which entitles the suspect to being readMiranda rights, the suspect’swaiving the right to have an attorney present during questioning. Some decisionsby the U.S. Supreme Court have attempted to answer these difficult questions.


1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.


2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.


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.


2005 ◽  
Vol 30 (4) ◽  
pp. 987-1009
Author(s):  
George M. Sullivan

In two consecutive national elections a conservative, Ronald Reagan, was elected President of the United States. When Justice Lewis Powell announced his retirement during the late months of the Reagan administration, it was apparent that the President's last appointment could shift the ideology of the Court to conservatism for the first time since the presidency of Dwight Eisenhower. President Reagan's prior appointments, Sandra Day O'Connor and Antonin Scalia, had joined William Rehnquist, an appointee of President Nixon and Bryon White, an appointee of President Kennedy to comprise a vociferous minority of four in many instances, especially cases involving civil rights. The unexpected opportunity for the appointment of a conservative jurist caused great anxiety in the media and in the U.S. Senate, the later having confirmation power over presidential appointments to the Supreme Court. This article examines the consequences of the Senate's confirmation of Justice Anthony Kennedy to the Supreme Court. The impact, which was immediate and dramatic, indicates that conservative ideology will predominate on major civil rights issues for the remainder of this century.


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