Supreme Court's Impact on US Public Policy: Examples and Post-2005 Cases (Edexcel A-Level Politics): Revision Notes

20.3.1 Supreme Court's Impact on US Public Policy: Examples and Post-2005 Cases

Impact and Influence of the Supreme Court on Public Policy

The U.S. Supreme Court plays a crucial role in shaping public policy through its decisions on key legal and constitutional issues. By interpreting the Constitution and assessing the constitutionality of laws and executive actions, the Court influences a wide array of public policies, including gun control, abortion rights, the death penalty, LGBTQ+ rights, healthcare, and more. Below are detailed notes on the Supreme Court's impact on specific areas of public policy, with examples from 2005 onwards.

Gun Laws

The Supreme Court has significantly influenced gun control policies through its interpretation of the Second Amendment, which protects the right to keep and bear arms.

District of Columbia v. Heller (2008)

This landmark case was the first time the Supreme Court explicitly ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. The decision struck down Washington D.C.'s handgun ban and its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense.

McDonald v. City of Chicago (2010)

Building on Heller, the Court ruled that the Second Amendment's guarantee of an individual's right to keep and bear arms is applicable to the states through the Fourteenth Amendment's Due Process Clause. This case struck down Chicago's handgun ban and affirmed that state and local gun control laws must be consistent with the Second Amendment.

These decisions have made it more challenging for federal, state, and local governments to impose strict gun control measures, reinforcing an individual's right to own and carry firearms.

Abortion

Abortion rights in the U.S. have been profoundly shaped by the Supreme Court, with recent decisions signalling significant shifts in policy.

Roe v. Wade (1973)

Although this landmark case was decided long before 2005, its influence on U.S. abortion policy was profound, establishing a woman's constitutional right to privacy extended to her decision to have an abortion.

Planned Parenthood v. Casey (1992)

This case reaffirmed Roe but allowed states to implement restrictions on abortion as long as they did not place an "undue burden" on a woman seeking an abortion.

Dobbs v. Jackson Women's Health Organisation (2022)

This case marked a dramatic shift in abortion policy by overturning Roe v. Wade. The Court's conservative majority ruled that the Constitution does not confer a right to abortion, effectively returning the authority to regulate abortion to the states. This decision led to a patchwork of state laws, with some states imposing strict bans on abortion and others protecting access.

The Dobbs decision has drastically altered the legal landscape of abortion rights in the U.S., with significant implications for women's healthcare and reproductive rights.

Death Penalty

The Supreme Court has also had a major influence on the application of the death penalty in the United States, focusing on the constitutionality of its use under the Eighth Amendment's prohibition on cruel and unusual punishment.

Roper v. Simmons (2005)

The Court ruled that it is unconstitutional to impose the death penalty for crimes committed by individuals under the age of 18. This decision built on previous rulings that limited the application of the death penalty and reflected the Court's evolving standards of decency.

Baze v. Rees (2008)

The Supreme Court upheld the constitutionality of lethal injection as a method of execution, rejecting claims that it violated the Eighth Amendment. This ruling effectively endorsed the continued use of lethal injection in capital punishment, which remains the most common method of execution in the U.S.

Glossip v. Gross (2015)

The Court ruled that Oklahoma's use of the sedative midazolam in its lethal injection protocol did not constitute cruel and unusual punishment under the Eighth Amendment. This decision further solidified the legality of lethal injection as a method of execution, despite ongoing controversies regarding the drugs used.

The Supreme Court's rulings on the death penalty have both restricted its application (by eliminating certain classes of offenders) and upheld its use (by endorsing methods of execution), demonstrating the Court's significant role in shaping capital punishment policies.

LGBTQ+ Rights

The Supreme Court has played a pivotal role in advancing LGBTQ+ rights, particularly in the realm of marriage equality and anti-discrimination protections.

Lawrence v. Texas (2003)

Although decided slightly before 2005, this case is critical in understanding the trajectory of LGBTQ+ rights. The Court struck down sodomy laws in Texas, effectively decriminalising consensual same-sex sexual activity nationwide.

United States v. Windsor (2013)

The Court struck down the Defense of Marriage Act (DOMA), ruling that the federal government could not refuse to recognise same-sex marriages sanctioned by the states. This decision was a significant victory for marriage equality and set the stage for the broader legalisation of same-sex marriage.

Obergefell v. Hodges (2015)

In a landmark decision, the Supreme Court ruled that same-sex marriage is a constitutional right under the Fourteenth Amendment. This ruling effectively legalised same-sex marriage nationwide and was seen as a major victory for LGBTQ+ rights advocates.

Bostock v. Clayton County (2020)

The Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, also protects employees from discrimination based on sexual orientation and gender identity. This decision extended significant anti-discrimination protections to LGBTQ+ individuals in the workplace.

These rulings have dramatically expanded legal protections for LGBTQ+ individuals, shaping public policy to be more inclusive and equitable.

Healthcare

The Supreme Court has also had a significant impact on healthcare policy, particularly in relation to the Affordable Care Act (ACA).

NFIB v. Sebelius (2012)

This case upheld the constitutionality of the ACA's individual mandate, which required Americans to have health insurance or face a penalty. Chief Justice John Roberts joined the Court's liberal justices in a 5-4 decision that classified the mandate as a tax, within Congress's taxing power. This ruling was crucial in preserving the ACA and expanding healthcare coverage to millions of Americans.

King v. Burwell (2015)

The Court upheld the provision of federal tax subsidies under the ACA, allowing them to be available to individuals in states that had not established their own health insurance exchanges. This decision was vital in ensuring the continued functionality of the ACA and preventing the potential collapse of the health insurance markets in those states.

California v. Texas (2021)

The Court dismissed a challenge to the ACA, ruling that the plaintiffs did not have standing to sue. This decision effectively preserved the ACA, reinforcing its role as a cornerstone of U.S. healthcare policy.

Through these decisions, the Supreme Court has played a key role in shaping the trajectory of healthcare policy in the United States, particularly in relation to the ACA.

Conclusion