Effectiveness of Supreme Court in Upholding Rights (OCR A-Level Politics): Revision Notes

20.6.3 Effectiveness of Supreme Court in Upholding Rights

Protection of Civil Liberties

Freedom of Speech and Expression

First Amendment

The First Amendment protects the freedom of speech, press, assembly, and petition. The Supreme Court has played a crucial role in interpreting these rights and ensuring they are upheld.

• Texas v. Johnson (1989): The Court ruled that burning the American flag is protected by the First Amendment as symbolic speech. This decision reinforced the broad interpretation of free speech, even when the expression is controversial or offensive.
• Citizens United v. FEC (2010): The Court ruled that the government cannot restrict independent expenditures for political campaigns by corporations and unions, as such spending is a form of protected speech. This decision significantly impacted campaign finance law and has been both praised for protecting free speech and criticised for increasing corporate influence in politics.

Freedom of Religion

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

The Court ruled in favour of a baker who refused to make a wedding cake for a same-sex couple on religious grounds, citing First Amendment protection of religious freedom. This case highlighted the tension between religious liberty and anti-discrimination laws.

Right to Bear Arms

Second Amendment

The Second Amendment protects the right of individuals to keep and bear arms.

• District of Columbia v. Heller (2008): The Supreme Court affirmed that the Second Amendment protects an individual's right to possess firearms, unrelated to service in a militia, and to use them for traditionally lawful purposes, such as self-defense within the home. This decision was a landmark ruling that expanded gun rights in the United States.
• McDonald v. City of Chicago (2010): The Court extended the Second Amendment protections recognised in Heller to the states through the Fourteenth Amendment's Due Process Clause, reinforcing the right to bear arms nationwide.

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Equal Protection Under the Law

Racial Equality

• Brown v. Board of Education (1954): The Court ruled that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment, overturning the "separate but equal" doctrine established in Plessy v. Ferguson (1896). This decision was a crucial step in the civil rights movement and set the stage for further desegregation efforts.
• Shelby County v. Holder (2013): The Court struck down the coverage formula used in the Voting Rights Act of 1965 to determine which states and localities required federal preclearance before changing voting laws. This decision has been criticised for weakening protections against racial discrimination in voting.

Gender Equality

• Roe v. Wade (1973): The Court recognised a woman's constitutional right to privacy under the Fourteenth Amendment, which extends to her decision to have an abortion. This landmark ruling protected women's reproductive rights and has had a profound impact on public policy and women's health.
• Dobbs v. Jackson Women's Health Organisation (2022): The Court overturned Roe v. Wade, ruling that the Constitution does not confer a right to abortion. This decision returned the power to regulate abortion to the states and marked a significant shift in the Court's approach to gender equality and reproductive rights.

LGBTQ+ Rights

• Obergefell v. Hodges (2015): The Supreme Court ruled that the right to marry is guaranteed to same-sex couples under the Fourteenth Amendment's Equal Protection and Due Process Clauses. This decision effectively legalised same-sex marriage across the United States, representing a major victory for LGBTQ+ rights.
• Bostock v. Clayton County (2020): The Court ruled that discrimination based on sexual orientation or gender identity is prohibited under Title VII of the Civil Rights Act of 1964, which outlaws discrimination based on sex. This decision expanded workplace protections for LGBTQ+ individuals and was a significant step towards achieving equality.

Protection from Cruel and Unusual Punishment

Death Penalty

Eighth Amendment

The Eighth Amendment prohibits cruel and unusual punishment. The Supreme Court has been pivotal in interpreting the application of the death penalty.

• Gregg v. Georgia (1976): The Court upheld the constitutionality of the death penalty, ruling that it does not inherently violate the Eighth Amendment, provided the sentencing process includes guidelines to prevent arbitrary imposition.
• Roper v. Simmons (2005): The Court ruled that executing individuals who were under 18 at the time of their crimes violates the Eighth Amendment, reflecting an evolving standard of decency in society.
• Glossip v. Gross (2015): The Court upheld the use of a controversial lethal injection drug in executions, ruling that it did not constitute cruel and unusual punishment. This decision has been criticised for failing to address concerns about the potential for suffering during executions.

Voting Rights

Protection of the Right to Vote

Fifteenth Amendment

The Fifteenth Amendment prohibits the denial of the right to vote based on race, color, or previous condition of servitude.

• Voting Rights Act of 1965: The Supreme Court upheld the Voting Rights Act in several rulings, which was designed to prevent racial discrimination in voting practices.
• Shelby County v. Holder (2013): The Court invalidated key provisions of the Voting Rights Act, particularly the preclearance requirement, which had been crucial in preventing discriminatory practices in jurisdictions with a history of voter suppression. This decision has led to the resurgence of voting restrictions in several states, raising concerns about the erosion of voting rights protections.

Campaign Finance

• Citizens United v. FEC (2010): The Court ruled that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment, equating political spending with free speech. This decision has had a significant impact on the political landscape, increasing the influence of money in elections and raising questions about the integrity of the democratic process.

Influence of Social Movements on Judicial Decisions

Civil Rights Movement

• Brown v. Board of Education (1954): The decision to desegregate public schools was heavily influenced by the civil rights movement, which highlighted pervasive racial discrimination and inequality in the United States.

Black Lives Matter (BLM) Movement

• The BLM movement has played a critical role in bringing attention to issues of racial injustice and police brutality. While the Supreme Court has yet to rule directly on cases explicitly linked to the movement, its influence is evident in the broader legal and political discourse surrounding racial equality and criminal justice reform.