when the chief justice votes with the minority course hero

What did Chief Justice Rehnquist say about Roe v Wade?

View Test Prep - SOC 205 quiz 1.docx from CIS 170 170 at Strayer University, Washington. Question 1 2 out of 2 points What happens when the chief justice votes with the minority? Selected

What is Justice Blackmun's position on abortion?

 · Question 6 0 out of 2 points When the chief justice votes with the minority, Answer Selected Answer: he or she writes a concurring opinion. Correct Answer: the most senior justice in the majority assigns the writing of the Court's opinion.

Why are Supreme Court justices chosen by the President?

 · Once the justices have voted, a justice voting with the majority will be designated to write the Court’s opinion. If the chief justice is part of the majority, he or she decides who will …

When did Clarence Thomas become Chief Justice?

11. The chief justice, if in the majority, writes the opinion, or assign it to another justice in the majority. 12. The chief justice often writes the opinion in landmark cases 13. If the chief justice …

What is the majority opinion?

After final agreement is reached, a majority opinion is issued that states the Court's decision (judgment) and presents the reasons behind the decision (argument). Usually the decision builds on previous court rulings, called precedent, because a central principle guiding judicial practices is the doctrine of stare decisis (which means "let the decision stand"). A justice who accepts the decision but not the majority's reasoning may write a concurring opinion. Justices who remain opposed to the decision may submit a dissenting opinion. Some dissents have been so powerful that they are better remembered than the majority opinion. It may also happen that, as the times and the makeup of the Court change, a dissenting view becomes the majority opinion in a subsequent case. When the Court chooses to overrule precedent, however, the justices responsible may be criticized for violating the stare decisis principle.

Who was the Supreme Court nominee rejected by the Senate?

Unlike the hearings for judges in the lower federal courts, the confirmation of Supreme Court justices is highly publicized and sometimes controversial. Robert Bork , a conservative nominated by President Ronald Reagan, was rejected by the Democrat-controlled Senate. Clarence Thomas narrowly won confirmation following highly emotional hearings during which charges of sexual harassment were made against him. The attention given the confirmation process reflects the impact that the Court's decisions have on Americans' lives and the issues about which they have strong feelings, such as abortion, school prayer, and the rights of criminal defendants.

Why are Supreme Court Justices important?

Because Supreme Court justices serve for life and their decisions have a major impact on American society, their appointments are probably the most important that a president makes. The selection is certainly not above politics. Historically, 90 percent of the justices come from the same political party as the president who appointed them. As with the cabinet, concern about making the Court more inclusive is also a factor. The overriding concern, however, is usually a nominee's judicial philosophy: How does a candidate view the role of the Court, and what is his or her stand on the issues that might come before the Court?

How many justices are on the Supreme Court docket?

Under the so-called rule of four, only four of the nine justices have to agree to hear a case before it is placed on the docket. The docket is the Supreme Court's agenda and, in effect, the list of cases accepted for review.

What is the principle of judicial review?

The principle, which is known as judicial review, was firmly established in the case of Marbury v. Madison (1803). The decision, issued by Chief Justice John Marshall, was the first time the court invalidated an act of Congress (part of the Judiciary Act of 1789). Under Marshall, other key cases were decided that strengthened the position ...

What is a brief in court?

A case before the Court. Attorneys for both sides file briefs, which are written arguments that contain the facts and legal issues involved in the appeal. The term is misleading because a "brief" may run hundreds of pages and include sociological, historical, and scientific evidence, as well as legal arguments.

Why was the New Deal unconstitutional?

It initially found much of President Franklin Roosevelt's New Deal legislation unconstitutional, primarily for violating the economic rights of individuals and companies. Roosevelt responded by trying to increase the size of the Court, which would let him appoint new justices sympathetic to his program.

What did the Roe v Wade case overturn?

The Court overturned the Roe trimester framework in favor of a viability analysis, thereby allowing states to implement abortion restrictions that apply during the first trimester of pregnancy. The Court also replaced the strict scrutiny standard of review required by Roe with the undue burden standard, under which abortion restrictions would be unconstitutional when they were enacted for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." Applying this new standard of review, the Court upheld four provisions of the Pennsylvania law, but invalidated the requirement of spousal notification. Four justices wrote or joined opinions arguing that Roe v. Wade should have been struck down, while two justices wrote opinions favoring the preservation of the higher standard of review for abortion restrictions.

What is undue burden?

A legal restriction posing an undue burden is one that has "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." An undue burden is found even where a statute purports to further the interest of potential life or another valid state interest, if it places a substantial obstacle in the path of a woman's fundamental right to choice. The Supreme Court in the 2016 case Whole Woman's Health v. Hellerstedt clarified exactly what the 'undue burden' test requires: " Casey requires courts to consider the burdens a law imposes on abortion access together with the benefits those laws confer." The Supreme Court further clarified in the 2020 June Medical Services, LLC v. Russo opinion written by Justice Stephen Breyer with respect to the undue burden standard: " [T]his standard requires courts independently to review the legislative findings upon which an abortion-related statute rests and to weigh the law’s “asserted benefits against the burdens” it imposes on abortion access. 579 U.S., at ___ (slip op., at 21) (citing Gonzales v. Carhart, 550 U. S. 124, 165 (2007))." In Whole Woman's Health v. Hellerstedt the court described the undue burden standard in its overall context with these words:

What was the Supreme Court case in Planned Parenthood v. Casey?

Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark United States Supreme Court case regarding abortion. In a plurality opinion, the Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions on that right, crafting the undue burden standard for abortion restrictions.

What was the purpose of the case in Roe v Wade?

Stephen F. Freind, arguing that the provisions were unconstitutional under Roe v. Wade. The Court in Roe was the first to establish abortion as a fundamental right protected by the Due Process Clause of the Fourteenth Amendment. The majority in Roe further held that women have a privacy interest protecting their right to abortion embedded in the liberty clause of the Fourteenth Amendment. The five provisions at issue in Casey are summarized below.

What was the Pennsylvania abortion control act?

The case arose from a challenge to five provisions of the Pennsylvania Abortion Control Act of 1982; among the provisions were requirements for a waiting period, spousal notice, and (for minors) parental consent prior to undergoing an abortion procedure.

What is the outcome of the case of Russo v. Medical Services?

Russo case noted the key outcomes in Casey: "The several restrictions that did not impose a substantial obstacle were constitutional, while the restriction that did impose a substantial obstacle was unconstitutional." Before an abortion regulation can be struck down as unconstitutional there must be a determination that this regulation imposes a substantial obstacle in light of the undue burden standard explained in the section above. In Casey "the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." The key judgement of Casey can be summed up as follows: "Under Casey, abortion regulations are valid so long as they do not pose a substantial obstacle and meet the threshold requirement of being “reasonably related” to a “legitimate purpose.” Id., at 878; id., at 882 (joint opinion)."

Which case overruled the undue burden standard?

In applying the new undue burden standard, the plurality overruled City of Akron v. Akron Center for Reproductive Health , 462 U.S. 416 (1983) and Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986), each of which applied " strict scrutiny " to abortion restrictions.