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Module 5 Notes - Judicial Branch

by: Savannah Tucker

Module 5 Notes - Judicial Branch PS 101

Marketplace > University of Kentucky > Political Science > PS 101 > Module 5 Notes Judicial Branch
Savannah Tucker

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Includes Article Notes
American Government
Stephen Voss
Class Notes
political science, Voss, American Government
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This 3 page Class Notes was uploaded by Savannah Tucker on Sunday February 28, 2016. The Class Notes belongs to PS 101 at University of Kentucky taught by Stephen Voss in Spring 2016. Since its upload, it has received 31 views. For similar materials see American Government in Political Science at University of Kentucky.


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Date Created: 02/28/16
Wednesday, February 24, 2016 The Judicial Branch Module 5 Obama Bench Picks Hit by Long Delays Evan Perez This article goes talks about how Obama’s nominees are waiting twice as long as those nominated by George W. Bush for approval by the Senate. Sen. Chick Grassley of Iowa says that of 87 vacancies, Obama has yet to make a nomination for 62 of them. He also states that contrary to popular opinion, Obama has intact had 10 nominees approved since his second term began, 10 more than President Bush had. President Obama’s nomination of Sri Srinivasan has been delayed, despite his backing from many conservatives. Book Review: ‘Breaking In’ by Joan Biskupic With the help of New York Sen. Al D’Amato, who was looking to win over Latinos in 1992, Sotomayor won a seat on a district court. Kay Hymowitz This article is review of a book that chronicles the life and career of Justice Sonia Sotomayor as well as how it parallels the growing influence of the Hispanic population. It is the story of the rise of Hispanics in the U.S. as well as a story of the spread of affirmative action. Sotomayor describes herself as the “perfect affirmative action baby”. She attended Princeton, graduates with honors, and went on to Yale Law School. She is describes as being very close with her community and very intense. The Decider One justice routinely tips the Supreme Court into a majority. What principles guide his thinking? John O. McGinnis This outlines the role of “the decider” as it applies to Justice Anthony Kennedy, who sits between four liberal justices and four conservative ones. Political Scientists Lee Epstein and Tonja Jacobi argue that he acts a super median justice because his 1 Wednesday, February 24, 2016 colleagues’ opinions are so distant from his own. Frank J. Colucci argues that the key to Kennedy’s votes is his moral reading of the Constitution. Other Justices use the Establishment Clause to justify certain separation of Church and State issues, while he he believes that the Establishment clause preserves individual liberty rather than defining the relation of church and state. Court’s Session Told Tale of Two Justices Jess Bravin This article talks about a particular week that highlighted the divided between Chief Justice John Robert’s conservatism and a libertarian streak by Anthony Kennedy. They often rule together, however Kennedy often acts as a swing vote. In this particular case, Kennedy sided with liberals striking down eh 1996 U.S. law denying federal recognition to same-sex spouses. There is a power struggle between the two and Kennedy is winning, according to Micheal Dorf, a Cornell law professor. Kennedy had been on the Supreme Court for 17 years when the Chief was appointed by George W. Bush in 2005. Kennedy’s libertarian streak often cause disagreements between the two though they often agree as well. Conflicts Mount Between State and Federal Courts Strife in Alabama comes as state jurists increasingly ignore opinions of U.S. judges. Joe Palazzolo Alabama Chief Justice Roy Moore instructed probate judges to fireguard a federal court order striking down the state’s ban on gay marriage on grounds that the federal courts have no dominion over state courts. This is not the first time this argument has been used. State officials could be help in contempt for defying direct court orders. Wayne A. Logan, a law professor at FSU researched how state courts respond to federal precedent. 46 states and D.C. view decision by the lower federal courts as non- binding. This causes issues because someone’s fate could be decided differently depending on whether they end up in a state or federal court. 2 Wednesday, February 24, 2016 Book Review: ‘The Case Against the Supreme Court’ by Erwin Chemersinky Earl Warren used to interrupt lawyers focused on particulars with questions like: ‘Yes, yes, yes, but is it…right? Is it good?’ Terry Eastland This article is review of “The Case Against the Supreme Court” by Erwin Chemerinsky, a law professor of liberal conviction at the University of California who claims that the Supreme Court exists primarily to “enforce the Constitution against the will of the majority”. He believes that the court has failed where it was needed most. He focuses on a wide variety of cases including political, racial and economic minorities, national security, property, states rights, employer treatment of workers and consumers; government abuse; and the political process. 3


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