Are the Roberts Court now conservative activists?

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  • Created on: 27-05-14 12:01
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To what extent has the Roberts become conservative activists?
What is conservative activism?
This is a reversal of court precedents, or overturning
state/congressional legislation to help further the principles of
conservatism. For example, they could overturn (in theory) Roe vs
Wade to help further their principles of conservative theory.
MORE CONSERVATIVE
· Replacement of Sandra Day O'Connor with Samuel Alito, a
committed conservative, now means that there is a majority
of conservatives on the court's make up.
· They have made some conservative decisions, for example
Heller and McDonald, in which they overturned state
legislation to strengthen the conservative principle of
strengthening the rights of gun owners
LESS CONSERVATIVE
· National Federation v Sebelius ­ the Chief Justice voted with
liberals to uphold and endorse the Affordable Care Act
(Obamacare), healthcare is usually opposed by Republicans.
· Kennedy- swing justice, meaning he sides with liberals and
conservatives. For example, he voted with liberals in
Boudmediene v Bush to uphold habeas corpus
· Have often advanced liberal principles in cases regarding
civil liberties and sentencing, like Hamdan, Boudmediene and
Graham- regarding the detention of terrorist suspects.

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