2. What is the Supreme Court?
The only court
specifically mandated by
the constitution
Made up of 9 Judges
Highest court in the land
Decide on cases by
voting
The group of Judges in
the majority write the
binding decision of the
court
3. What is the Supreme Court?
th ese i m ag es ar e i n t h e p u b l i c d o m ai n
5. So why are people pissed off?
“Judicial Activism”
now a major political
issue
Justice Sunday
Attended by
thousands
Nationally telecast
i m ag e so u r c e: h t tp ://w w w .p er r sp ec t i v es.c o m /i m ag es/u n j u std ay _ 081 005.j p g
6. The Warren Court (1953-1969)
Led by Chief Justice Earl
Warren
Decided a series of
controversial cases:
Brown v. Board of
Education, Griswold v.
Connecticut, Engel v. Vital,
and others
“I n c i v i l i z ed l i f e, l aw f l o ats i n a sea o f
eth i c s.” -- E ar l W ar r en
7. 1965: Griswold v. Connecticut
Connecticut Law prohibited the use of any contraceptive drug
(but was rarely enforced)
The Court found the law unconstitutional on the basis that it
violates the right the right to privacy
Problem: the right to privacy is not mentioned in the
Constitution.
Warren Court rational: right to privacy is part of the
“penumbras” of other rights protected by the
constitution
“I th i n k th i s i s an
u n c o m m o n l y si l l y l aw .” --
Ju sti c e P o tt er S t ew ar t
8. th
14 Amendment
“...n o r sh al l an y State d ep r i v e an y p er so n o f l i f e, l i b er ty, o r p r o p er ty,
w i th o u t d u e p r o cess o f l aw ; n o r d en y to an y p er so n w i th i n i ts
j u r i sd i cti o n th e eq u al p r o tecti o n o f th e l aw s.” -- T h e F o u r teen t h A m en d m en t
These lines are know as the due process
clause and the equal protection clause
Substantive due process:
concept of liberty protects an implicit set of rights
source of a number of 'penumbra' rights (along with
the Bill of Rights)
9. 1973: Roe v. Wade
Texas law banned abortion in all cases
Supreme Court overturned this law, and deemed abortion to be
a fundamental right, included in the right to privacy
But:
States do have an legitimate interest in protecting fetuses,
though they don't count as persons under the 14th
amendment
Court therefore set up a system of trimesters:
1st trimester: no State restriction on abortion
2nd trimester: State can regulate abortion in ways related
to mother's health
3rd trimester: State can restrict abortion
i m ag e so u r c e: h ttp ://ev o l v ef i sh .c o m /S h i r tI m ag es/S h i r tI m ag esS m al l /C o at H an g er S l ash -S m al l .g i f
10. Where does R v. W stand now?
Some members of the current court seem
inclined to overturn Roe v. Wade
But are there five?
Judges hold life term, and usually don't retire
To change the make-up of the Supreme Court,
you need people to die (at the right time)
11. Antonin Scalia
Appointed by Ronald
Regan, 1986
Conservative Roman
Catholic
Death Watch: Age 71
drinks the blood of orphans
to keep fit
L aw stu d en t: “H e's j u st i r r i tati n g . H e's l i k e o n e o f
th o se p eo p l e w h o m astu r b ates to S c al i a d ec i si o n s.”
-- O v er h ear d i n N ew Y o r k .c o m
12. Clarence Thomas
Appointed by H.W.
Bush, 1991
Angry, angry man
Death Watch: Age 59
But happy people live
longer
13. John Roberts
Appointed by George
W. Bush, 2005
Current Chief Justice
Handsomest Supreme
Court Judge?
Death Watch: Age 52
Had a seizure last year
“I w o u l d p r ef er to d i sc u ss S h ak esp ear e's d o u b l e
en ten d r e an d th e l atu s r ec tu m o f c o n i c sec ti o n s
w i th o u t a b l o n d e g i g g l i n g an d b l u sh i n g b eh i n d
m e.”
-- Jo h n R o b er ts, ag e 1 7
14. Samuel Alito
Appointed by George W.
Bush, 2006
Scalito?
very conservative
Death Watch: Age 57
If only...
15. Conservative Legal Philosophies
Textualism
Looks at the meaning
of the words in a
piece of legislation
Originalism
Looks to the intent of
the legislators
Judicial restraint
16. 2007: Morse v. Frederick
High School students were
suspended for displaying this
banner outside the school
grounds during a school
event
Court ruled this not a
violation of 1st amendment
right to free speech since the
sign advocated illegal drug
use (which the school has an
interest in discouraging)
Decision based (partially) on
originalist reasoning
17. Ruth Bader Ginsburg
Appointed by Bill
Clinton, 1993
Perhaps the most
liberal
Silliest Glasses?
Death Watch: Age 74
Cancer survivor
18. Steven Breyer
Appointed by Bill
Clinton, 1994
?
Death Watch: Age 69
19. John Paul Stevens
Appointed by Gerald
Ford, 1975
Old
So Old
Death Watch: Age 87
Very Old
20. David Souter
Appointed by George
H.W. Bush, 1990
Proved less conservative
than expected
Death Watch: Age 68
revenge killing by G.H.W
Bush?
“S o u ter 's sty l e i s n o ti c eab l y n o n -l eg al ”
-- C o n ser v ap ed i a
21. Anthony Kennedy
Appointed by Ronald
Regan, 1988
Swing voter
Hard to predict
Death Watch: Age 71
worn out from both
sides perpetually
sucking up to him?
22. 2003: Lawrence v. Texas
Texas law criminalized homosexual sodomy
The Court ruled overturned this law (and all
similar laws in other states)
Legal basis: Substantive due process
Ruled that state had no legitimate interest in
banning gay sex
However, did not extend suspect classification to
sexual orientation
“T o d ay ’s o p i n i o n i s th e p r o d u c t o f a C o u r t... th at h as l arg el y si g n ed o n to th e so -
c al l ed h o m o sex u al ag en d a” -- Ju sti c e A n to n i n S c al i a
23. Suspect Classification and Strict Scrutiny
Legislation often singles out a group of citizens
(e.g. the unemployed)
Equal protection clause guarantees all people
equal protection under the law
How to resolve this?
For most cases, rational-basis test: Gov't action a
rational means to a legitimate end
For cases involving Suspect Classifications (e.g.
Race):
Strict Scrutiny: compelling gov't interest, narrowly
tailored, least restrictive means
24. 2000: United States v. Morrison
Virginia Tech student raped by Antonio
Morrison
She filed suit against him under Violence Against
Women Act
allows victim of gender-motivated violence to sue their
attacker in civil court
25. Commerce Clause
“T h e C o n g r ess sh al l h av e p o w er . . . T o r eg u l ate co m m er ce w i th
f o r ei g n n ati o n s, an d am o n g th e sev er al states, an d w i th th e I n d i an
tr i b es;” -- A r ti c l e I , S ec ti o n 8, C l au se 3 o f U .S . C o n sti t u t i o n
Narrow vs. Broad View of the Commerce
Clause
Strict limits on what Congress is allowed to legislate
on?
26. 2000: United States v. Morrison
is Violence Against Women Act an overreach of
Congressional power?
Court ruled that it was, and struck down the act.
27. 2007: Ledbetter v. Goodyear
Lily Ledbetter worked as a manager for
Goodyear Tire for 19 years. For all that time,
she was paid less than her male colleagues
She sued under Civil Rights Act,
prohibits discrimination by employers on basis of
race, religion, gender, etc.
28. 2007: Ledbetter v. Goodyear
Basic issue: Does the Statute of Limitations
apply?
She sued 19 years after initial pay was set
Claims must be filed not more than 180 days after
discrimination took place
Court ruled that continued effect of an act of
discrimination does not reset Statute of
Limitations
