A LevelPoliticsEdexcelRevision Notes3a. Comparative Politics: Government & Politics of the USA (Option Unit)3a.4 US Supreme Court & Civil RightsThe Supreme Court & Public Policy

The Supreme Court & Public Policy (Edexcel A Level Politics): Revision Note

Exam code: 9PL0

Sarra Jenkins

Written by: Sarra Jenkins

Reviewed by: Steve Vorster

Updated on

How the Supreme Court influences public policy

  • The Supreme Court has a major impact on public policy in the United States despite being an unelected body, due to its role as the final interpreter of the Constitution

How the Supreme Court shapes public policy

Judicial review

  • This allows it to strike down Acts of Congress that conflict with the Constitution

    • In Dobbs v Jackson Women’s Health Organization (2022), federal constitutional protection for abortion was removed, allowing states to determine their own abortion laws

Its interpretation of legislation

  • This clarifies the meaning of laws passed by Congress

    • In Bostock v Clayton County (2020), the Court ruled that Title VII of the Civil Rights Act (1964) protects employees from discrimination on the basis of sexual orientation and gender identity

The way it limits executive power, directly affecting government policy

  • In Biden v Nebraska (2023), the Court ruled that President Biden’s student loan forgiveness programme exceeded executive authority

By defining civil liberties

  • This can force changes at both state and federal levels

    • In Obergefell v Hodges (2015), all states were required to legalise same-sex marriage

By shaping electoral and democratic policy

  • It rules on voting regulations and electoral law

    • In Shelby County v Holder (2013), the Court weakened federal oversight of state voting laws, leading to voter ID laws in states such as Texas and Georgia

  • Overall, Supreme Court rulings often have nationwide and long-lasting consequences, meaning the Court plays a crucial role in shaping US public policy

The role of judicial activism

  • Judicial activism refers to an approach in which Supreme Court justices interpret the Constitution broadly and are willing to overturn laws passed by elected bodies in order to protect rights or adapt constitutional principles to modern society.

Arguments in favour of judicial activism | Arguments against judicial activism

Arguments in favour

Arguments against

  • Protects minority rights ignored by majoritarian politics

  • Prevents a “tyranny of the majority”

    • Obergefell v Hodges (2015) legalised same-sex marriage despite opposition in many state legislatures

  • Undermines democratic decision-making

  • Unelected judges overturn laws passed by elected representatives

    • Obergefell v Hodges (2015) overturned laws in 13 states

  • Allows the Constitution to evolve with social change

  • Ensures constitutional principles remain relevant

    • Bostock v Clayton County (2020) interpreted a 1964 statute to protect LGBTQ+ workers

  • Increases perceptions of politicisation

  • Decisions may appear to reflect ideology rather than law

    • Dobbs v Jackson Women’s Health Organization (2022) was criticised on these grounds

  • Corrects legislative inaction on controversial issues

  • Congress may avoid action due to electoral consequences

  • The Court acted where Congress failed to protect same-sex marriage

  • Reflects judges’ personal values

  • Particularly controversial in areas such as abortion and sexuality

  • Strengthens civil liberties by enforcing constitutional limits on government

    • Matal v Tam (2017) struck down restrictions on offensive trademarks

  • Creates legal uncertainty by overturning precedents

    • Roe v Wade (1973) was overturned by Dobbs (2022) after nearly 50 years

  • Clarifies vague constitutional language

    • Applies clauses such as the Equal Protection Clause of the 14th Amendment to modern cases

  • Weakens the separation of powers

  • Judicial authority expands at the expense of Congress and the President

The role of judicial restraint

  • Judicial restraint refers to an approach where Supreme Court justices avoid overturning laws or previous decisions unless they clearly violate the Constitution, instead deferring decisions to the elected branches of government

Should Supreme Court justices practise judicial restraint?

Arguments in favour

Arguments against

  • Respects democratic decision-making

  • Elected representatives reflect public opinion

    • Dobbs v Jackson (2022) returned abortion decisions to state governments

  • Allows violations of civil rights to persist

    • Without intervention in Obergefell v Hodges (2015), LGBTQ+ rights would have remained limited in some states

  • Maintains the separation of powers

  • Limits judicial overreach and leaves policy decisions to Congress and the President

  • Fails to protect minorities from majoritarian state governments

    • Shelby County v Holder (2013) weakened voting rights protections

  • Promotes legal stability by upholding precedent

  • Avoids sudden constitutional change

    • Citizens United v FEC (2010) was controversial for overturning a recent precedent

  • Legitimises discriminatory laws through deference

  • Courts may defer even when constitutional principles are at stake

  • Encourages political solutions rather than judicial ones

  • Forces Congress to legislate on contentious issues

  • Slows development of constitutional rights

    • Privacy protections were delayed until Carpenter v United States (2018)

  • Preserves the legitimacy of the Court

  • Reduces accusations of political bias

  • Appears passive in the face of injustice

    • Dobbs (2022) led to rapid rollbacks of abortion rights

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Author
Reviewer
Sarra Jenkins

Author: Sarra Jenkins

Expertise: Content Writer

Sarra is a highly experienced A-Level Politics educator with over two decades of teaching and examining experience. She was part of the team that wrote the Edexcel 2017 Politics Specification and currently works as a Senior Examiner. A published author of 14 textbooks and revision guides, her expertise lies in UK and US politics, exam skills, and career guidance. She continues to teach, driven by her passion for this "evolving and dynamic subject".

Steve Vorster

Reviewer: Steve Vorster

Expertise: Economics & Business Subject Lead

Steve has taught A Level, GCSE, IGCSE Business and Economics - as well as IBDP Economics and Business Management. He is an IBDP Examiner and IGCSE textbook author. His students regularly achieve 90-100% in their final exams. Steve has been the Assistant Head of Sixth Form for a school in Devon, and Head of Economics at the world's largest International school in Singapore. He loves to create resources which speed up student learning and are easily accessible by all.