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Ch 14 Scotus

Adam Jones

Pikes Peak State College

28/05/2024
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Ch 14 Scotus

Question 1 (Q1)—Based on the chapter (Ch 14), explain how the Supreme Court works.

Congress created the Supreme Court, the highest court level within the United States

legal system. It is also the court that ultimately decides on constitutional issues. It consists of

nine justices: nine members, including one Chief Justice and eight Associate Justices, who the

President of the United States appoints with the consent of the Senate1. The court's primary

mandate is to hear and decide on cases that have been prosecuted based on the federal

Constitution and laws. Only when at least four members have agreed to a particular treatment

does the case go for oral hearings and consultations. The justices discuss the case, and when they

have all decided in a secret ballot, they offer a written decision in the form of a signed opinion,

which forms the basis for future decisions by the lower courts.

Question 2 (Q2): How has political polarization reached the Supreme Court? Explain. (7

sentences)

Political polarization has extended to affect the Supreme Court on several occasions. In

recent years, the USA has become polarized politically, so even the recommendation of justices

for the Supreme Court and their confirmation by the senators has become quite disputable 2.

Presidents are thus known to focus more on party support or affiliations, which leads to

protracted confirmation. The court has also been accused of providing 'political' resolutions in its

decisions, which oppress one political party as it favors the other, thus giving the perception of

bias. We have seen how the exit of justice, whether through retirement or death, may bring a

radical change in the composition of the Court and cause much controversy when it comes to

1
Howe. A, (2023). Court rules for South Carolina Republicans in dispute over congressional map.
https://www.scotusblog.com/
2
Waldman. M, (2024). Alito and His Upside Down Flag Make the Case for Supreme Court Term Limits.
https://www.brennancenter.org/
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possible successors. In addition, the recent photographs released by the court of justices have

been criticized for aligning with specific political agendas, especially concerning voting rights,

campaign funds, and reproductive rights. This has sparked fears about the court's independence

and nay-sayers labeling the court as an activist court. Altogether, various decisions made by the

court are often viewed through a political lens, which has recently shifted even more as

American society turned into two Americas.

Question 3 (Q3): Based on the chapter, explain the historical importance of judicial review.

(5 sentences)

The constitutional provision that gives the Supreme Court the authority to consider the

legal validity of a law or an action taken by the executive or legislative branch of the government

is judicial review. This principle was remarkably defined in the constitutional case Marbury v.

Madison case of 1803, in which the court claimed it was responsible for nullifying

unconstitutional laws or actions. Another vital facet of decision-making is judicial review, which

prevents an accumulation of power in a single branch of the government, which is crucial for

effectively utilizing the system of checks and balances3. It also safeguards the liberties and rights

enumerated in the Constitution by handing the Court power to strike down any law or standing

that violates it. Over the years, courts have engaged in judicial review as either affirming or

rejecting legal changes, thus playing a vital role in interpreting and implementing the

Constitution in areas such as civil liberty or federalism.

Question 4 (Q4)—What are the consequences of justices' political positions and beliefs? (7

sentences) (As an example, think of the issues currently surrounding Justice Clarence or

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Waldman. M, (2024). Alito and His Upside Down Flag Make the Case for Supreme
Court Term Limits. https://www.brennancenter.org/
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the recent developments surrounding Justice Alito.) (Think about the legitimacy of the

court.)

As an informed and lightening result, it is fairly possible to witness more than abundant

evidence to support the importance and necessity of the SC Justices' political views, especially

their ability and willingness to bear with the court and more so with the public. When lawyers of

a particular so-called justice are believed to have biases in favor of one tradition of politics, they

will be considered partial or too aggressive, thus eliminating the neutrality of the court as a

referee that is of no partiality to either team. This can also erode public support in the Supreme

Court and lead to mechanism encouraging criticism of the court as partisan. For instance, the

present-day controversies involving the allegations of sexual misconduct by Supreme Court

Justice Clarence Thomas and his wife, Ginni Thomas, who was very much involved with the

current political activities, the matter may give rise to questions of partiality and conflict of

interest. Similarly, this has occurred in the leaked draft by Justice Samuel Alito, the Dobbs v.

Jackson Women's Health Organization decision, where he was once more criticized for bias and

corruption with calls for ethical reform4. They may bat for an opinion within the party's camp,

adding pressure to the court's maneuvering to maintain power and credibility. In addition, it may

mislead people and give presidents and senators visions of political biases within the court,

leading them to focus on a candidate's politics instead of his/her qualifications for the position.

However, the reality of the impeachment of justices and the political stance of the judges

throughout the United States may significantly influence the court's jurisprudence and change the

perception of the number of people who, for one or another reason, will see the branch as fair

and independent.

4
Waldman. M, (2024). Alito and His Upside Down Flag Make the Case for Supreme Court Term Limits.
https://www.brennancenter.org/
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Question 5 (Q5)—Go to the Supreme Court website and find a current Supreme Court

case. Do a docket search; you need the case number. You must cite the Supreme Court case

correctly. Because this is Summer Term and SCOTUS is not in session, you must choose a

case from January to May 2024. Explain the case in 7 sentences.

This is the case of Students for Fair Admissions, Inc. V. President and Fellows of

Harvard College; the case no is No. 20- 1199 (The argument was on October 31, 2022). This

case brought before the Court that Harvard University has an institutional policy that results in

racial preference in its admission policy and discriminates against Asian American students

against federal civil rights. The plaintiffs' central claim is that Harvard discriminates against

Asian American applicants by applying rates them differently based on race and engaging in

racial balancing5. Harvard, in turning to Supreme Court case law, has said that it uses race as one

of the factors in the relevant context, which is lawful due to the SC reigning that the

consideration of race in a limited manner is appropriate when the primary goal pursued is the

achievement of diversification of campuses. It can potentially reshape the debate over diversity

policies in college enrollment and the meaning of the Fourteenth Amendment's Equal Protection

Clause. A decision favoring the Plaintiffs will eliminate the use of race in admission. In contrast,

a decision from Harvard University will uphold the use of race in the admissions process. The

court has heard the case on the requested stay during the oral argument session in October 2022,

and it still awaits the final decision, which should be made before the end of the court's current

term in June 2024.

Question 6 (Q6)—Using the chapter (14), analyze the Supreme Court case decision from

question 5. What was the decision? Provide a brief analysis. (5 sentences)

5
Howe. A, (2023). Court rules for South Carolina Republicans in dispute over congressional map.
https://www.scotusblog.com/
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As of the writing of this response, no decision has yet been reached in the Supreme Court

case of Students for Fair Admissions, Inc. vs. President and Fellows of Harvard College.

However, considering the verbal confrontation of the court's role and its previous approach to

affirmative action cases in the chapter, one could expect a closely determined ruling plan that

could either affirm or negate the use of race in college admissions6. The final judgment should

depend on assessing the scope and reasonable justification of the diversity as the compelling

interest of the educational institution under the Equal Protection Clause. As an Ivy League

school, an affirmative action ruling against Harvard would be sharply perceived to alter the

court's direction on equal opportunity and reduce the rights of colleges to consider the race of

prospective students.

Question 7 (Q7)—Correlate public opinion about SCOTUS about a SCOTUS' decision.

(Pew Research and Gallup Poll are strongly recommended; if choosing another source,

contact me). (7 sentences)

Daily tracking for Gallup poll conducted in June 2022 revealed that the public had

disapproval of the Supreme Court at a record low of 25% after its ruling that declared the

constitutional right to abortion in the United States non-existent by distinguishing Roe v. Wade.

The poll revealed that most Americans (58%) disagreed with the Court in Dobbs, essentially

showing the current gap between the public and the court's ruling. This reduction in the

perceived legitimacy of the court was observed to be most keenly felt by the Democrats because

their approval ratings were reduced to 13%7. In comparison, 39% of Republicans approved of the

court. As with most opinions on the Court case, the data show that highly partisan Americans are

6
Howe. A, (2023). Court rules for South Carolina Republicans in dispute over congressional map.
https://www.scotusblog.com/
7
Howe. A, (2023). Court rules for South Carolina Republicans in dispute over congressional map.
https://www.scotusblog.com/
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even more likely to view the court in a negative light if they subscribe to the Republican Party or

have a favorable view of Trump or the Republican administration, and vice versa if they have a

favorable view of the Democratic Party or Biden's administration. This is worrying to some,

given that the court must maintain both the authority and efficacy of its decision to public

support its impartiality and the rule of law. As the public watches, the ever-strengthening

perception of the court as an institution populated by politicians more than lawyers – as

individuals with political allegiances responding to political incentives more than guardians and

interpreters of the Constitution, this may fundamentally erode the court's authority and the

foundational institutions of the American legal system.

Bibliography

Howe. A, (2023). Court rules for South Carolina Republicans in dispute over congressional map.

https://www.scotusblog.com/

Waldman. M, (2024). Alito and His Upside Down Flag Make the Case for Supreme Court Term

Limits. https://www.brennancenter.org/