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.
· 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
· 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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