Podcast
Questions and Answers
Which factor is considered most critical when selecting a justice?
Which factor is considered most critical when selecting a justice?
What does a concurring opinion indicate?
What does a concurring opinion indicate?
Which judicial decision-making model emphasizes the influence of personal values and ideologies?
Which judicial decision-making model emphasizes the influence of personal values and ideologies?
In the event of a very divided decision, what is the term used when there is no majority opinion?
In the event of a very divided decision, what is the term used when there is no majority opinion?
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What is a key distinction between originalism and the living constitution?
What is a key distinction between originalism and the living constitution?
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Which of the following represents the overall decision of the court?
Which of the following represents the overall decision of the court?
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What aspect of justices' backgrounds has seen increased focus in recent years?
What aspect of justices' backgrounds has seen increased focus in recent years?
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Which model posits that judges act strategically to gain assistance from others?
Which model posits that judges act strategically to gain assistance from others?
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Which of the following best describes the minority's views in a court decision?
Which of the following best describes the minority's views in a court decision?
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What historic factor influenced court representativeness before modern considerations?
What historic factor influenced court representativeness before modern considerations?
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What is the significance of the case Obergefell vs. Hodges?
What is the significance of the case Obergefell vs. Hodges?
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What does the 'rule of four' refer to in the context of the Supreme Court?
What does the 'rule of four' refer to in the context of the Supreme Court?
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Which of the following is NOT a requirement for a case to be heard by the Supreme Court?
Which of the following is NOT a requirement for a case to be heard by the Supreme Court?
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How does public opinion relate to the Supreme Court's decisions?
How does public opinion relate to the Supreme Court's decisions?
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What impact did Gonzalez vs. Oregon have on perceptions of the Supreme Court?
What impact did Gonzalez vs. Oregon have on perceptions of the Supreme Court?
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What does 'standing' mean in the context of Supreme Court cases?
What does 'standing' mean in the context of Supreme Court cases?
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Why might public opinion gain more attention during controversial Supreme Court decisions?
Why might public opinion gain more attention during controversial Supreme Court decisions?
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What is one limitation on the Supreme Court's power?
What is one limitation on the Supreme Court's power?
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What happens to public perceptions of the Supreme Court following moral decision cases?
What happens to public perceptions of the Supreme Court following moral decision cases?
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Study Notes
Supreme Court Decisions
- The Supreme Court can declare laws unconstitutional.
- Obergefell v. Hodges legalized same-sex marriage nationwide.
- Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, allowing states to restrict or ban abortion.
Public Perception of the Supreme Court
- Public opinion doesn't have as much direct influence on the Supreme Court because it's not directly elected.
- The court generally has higher approval ratings than Congress.
- Studies show that public perception of a court decision is influenced by the perceived morality of the issue.
- People are more likely to view a decision as "universally correct" if they agree with its morality.
- Moral opinions influence perceptions of fairness, post-decision acceptance, and the legitimacy of the court.
Cases Reaching the Supreme Court
- The Supreme Court can't strike down constitutional laws enacted by Congress.
- The Rule of Four determines if a case is heard: at least 4 of the 9 justices must agree.
- A Writ of Certiorari (to be informed) is issued when a case is accepted.
- To be heard, a case must:
- Involve a real controversy with real parties.
- Have "standing" - the party must prove they've been personally harmed.
- Be relevant - not moot (already settled).
Qualifications and Representation of Justices
- There are no formal qualifications to be a Supreme Court Justice.
- Some traditional expectations:
- Merit - competence and expertise in law.
- Political alignment - preference for nominees who share the President's views.
- Judicial experience and a law degree.
- More modern expectations:
- Gender and racial diversity on the court.
- Geographic representation (historically important).
- Recent trends:
- Increased Catholic representation on the court.
- Variation in the law schools justices are trained at (Ivy League vs. other institutions).
Judicial Decision-Making Models
- Legal model: Judges base decisions on existing laws, precedents, and historical context.
- Legal realist model: Judges' personal values influence their decisions.
- Attitudinal model: Judges' personal beliefs and ideologies heavily influence their judgments.
- Strategic model: Judges act strategically, considering potential responses from other branches of government.
Judicial Philosophies and Ideologies
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Originalism: The Constitution should be interpreted based on its original meaning, as understood by a "reasonable person" at the time of its writing.
- Often associated with conservatism and judicial restraint (fewer changes).
-
Living Constitution: The Constitution is a dynamic document that should be interpreted within the context of modern times.
- Often associated with liberalism and judicial activism (more willingness to change laws).
Decision-Making Process
- The Chief Justice writes the majority opinion when they are in the majority, otherwise the most senior justice does.
- Unanimous decisions: All justices agree on the outcome and reasoning.
- Concurring opinions: Justices agree with the outcome but disagree with the reasoning.
-
Divided decisions:
- Majority opinion: 5 or more justices agree on the outcome and reasoning.
- Dissenting opinion: Minority justices express their disagreement.
- Plurality opinion: No majority opinion, but a majority agree on the outcome, not the reasoning.
Biases in Judicial Decision-Making
- Judges are individuals and can have personal biases.
- Judges are generally considered less partisan than members of Congress.
- Ideological views are influential in judicial decision-making, not just legal criteria.
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Description
This quiz explores landmark Supreme Court cases such as Obergefell v. Hodges and Dobbs v. Jackson, along with the influence of public perception on the court's legitimacy. Understand the dynamics between Supreme Court rulings and societal moral views, and how these shape public acceptance of legal decisions.
