The Supreme Court of the USA

Supreme Court (S.C.O.T.U.S)
Cannot commission cases
Receives 7000 cases per year, rules on about 100
Has no power to enforce rulings, relies on other branches to enforce
rulings
Powers & limitations defined in article 3
Has the power of judicial review
o Can make rulings on the constitution
US have…

1984- NY V Quarles (Public safety)
o Rhenquist- 1986-2005
o More conservative/restraining
1989 Webstar V Reproductive Health services
1989 Duckworth V Egan (rights of arrest)
2000 Bush V Gore
But
2003 Hamdi V Rumsfeld (Due process)
o Roberts- 2005-
2006 Hamdan V Rumsfeld
2008 Baze V Rees- death penalty

SCOTUS…

o Republicans normally nominate more
o Regan ­ 4
o Carter ­ 0
o Clinton ­ 2
o G.W. Bush ­ 2
o Obama - 2

Original purpose-
1. Adjudicate between states
2. Protect the right of citizens
Constitutional rulings (Judicial review) came with
1. Marbury V Madison- 1803- First…

o Influenced Pro-life V Abortion debate, national organisation for
women (NOW) V Christian coalition
Desegregation of schools
School prayers
Flag burring

Note: the Rhenquist court decision on Webstar V reproductive health
services did not wholly reverse Roe V Wade but it did erode it
G.W. Bush wanted judicial restraint- argues…

Samuel Alitd 2006 G.W. Bush Conservative
Sonia Sotomayor 2009 Obama Liberal
Elena Kagan (aged 52 repalace Paul 2010 Obama Liberal
Stevens)

Roberts Court ­ Judicial restraint?
Roberts appointed by G.W. Bush
o Expected to be restraining
o Partisan vote in senate
o Promised not to legislate from the bench
Restraint-…

10. Justices have a lifetime tenure ­too old

1. Contraception is not entirely used to prevent pregnancies, e.g. the pill can
be used to treat very heavy periods (can cause anemia) also can be used
for sever acne
2. An employees pregnancy can cause issues for the company