UNIT 4 ASSIGNMENT2

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Jan 9, 2024

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UNIT 4 ASSIGNMENT – SUPREME COURT IDEOLOGY The U.S. Supreme Court issued 2 key Constitutional decisions within 2 days during summer 2013. Both were 5-4 decisions. On June 25, 2013, in Shelby County v. Holder , they struck down a key provision of the 1965 Voting Rights Act, designed to prohibit discrimination in voting by requiring federal oversight of elections, particularly in states with a history of discriminatory voting practices. The decision can be seen as a victory for the south and a setback for minority groups which have suffered voting discrimination. The case can be viewed at: link to Shelby County case On June 26, 2013, in U.S. v. Windsor , they determined that the Defense of Marriage Act, enacted by Congress in 1996, violates the Constitution’s equal protection clause by defining marriage as the “legal union between one man and one woman” and denying federal benefits to same-sex couples married under state law. The decision can be seen as a victory for the same-sex community. The case can be viewed at: link to Windsor case Shelby County is characterized as a conservative decision. 1. Give a reason it would be considered conservative. This is conservative because in the opinions of the justices it’s portrayed as if they wanted to stick to the original system of the rule of law. Windsor is characterized as a liberal decision. 2. Give a reason it would be considered liberal. This is liberal because the government did interfere with DOMA and said it was unconstitutional which is against the traditional “legal union between one man and one woman". Using the link to Oyez site links above, answer the following: 3. Oyez allows you to sort the Justices’ voting “by ideology.” Examine the voting by ideology for both cases. Which 4 Justices on the court in 2013 appeared solid on the conservative side and which 4 were solid on the liberal side?  The 4 justices on the conservative side are Roberts, Scalia, Alito, and Thomas.  The 4 justices on the liberal side are Ginsburg, Sotomayor, Kagan and Breyer. Identify the President who appointed each of these Justices and whether he was a Republican or Democrat. (Use Google or information about the Justices on Oyez).

Republican / Democrat President Justice Democrat Bill Clinton Ginsburg Democrat Barack Obama Stomayor Democrat Barack Obama Kagan Democrat Bill Clinton Breyer Republican Ronald Reagan Kennedy Republican George W. Bush Roberts Republican Ronald Reagan Scalia Republican George W. Bush Alito Republican George H. W. Bush Thomas 4. Which Justice was the crucial “swing vote” resulting in one conservative decision and one liberal decision? The “swing vote” was made by Kennedy in both cases. Was he appointed by a Republican or Democrat? He was appointed by Republican, Ronald Reagan. 5. What did the Court decide in the Obergefell v. Hodges case, decided in summer 2015? link to Obergefell case That the States ban on same sex marriage and refuse to recognize marriages preformed into other states, did not violate the couples 14 th amendment rights. Did the vote follow the ideological voting pattern identified above? Yes, it was by a liberal. 6. How has the membership of the Court changed since these cases were decided? Kennedy and Scalia were replaced by Neil Gorsuch and Brett Kavahaugh. Why is the membership of the Court going to change again in the very near future? Ginsburg is holding on for 2020 successor, it is possible that Thomas may retire. 7. What is the result on an appellate court if the vote of the Justices is equally split? (use Google) The lower court ruling is to be upheld in the decision of dead lock or equally spilt decision.

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