Recent Supreme Court Rulings GAHS Social Studies Department

2009 – 2010 Term Rulings have come down from the bench…

McDonald v. Chicago 2nd Amendment Issue

Facts of the Case: 76 year old Otis McDonald of Chicago sued the city He believed the city’s ban on handgun ownership was unconstitutional

Can a city restrict gun ownership? Question: Can a city restrict gun ownership? (Is the right to bear arms a personal right?)

Decision: The Court ruled 5 – 4 that the right to own a firearm was a personal right

2010 – 2011 Term

Albert Snyder v. Westboro Baptist Church 1st Amendment Issue

Facts of the Case: Snyder's son died in a Humvee accident in Iraq -Members of the Westboro Church and others protested his funeral -They believe military deaths are result of America tolerating of homosexuality

Do citizens have to right to hold protests at military funerals? Question: Do citizens have to right to hold protests at military funerals?

Decision: The Court ruled 8-1 in favor the Westboro Church - Their speech related to a public issue—they were on a public sidewalk

2011 – 2012 Term

Thomas More Law Center v. Barack H Thomas More Law Center v. Barack H. Obama (along with several other similar suits)

Facts of the Case: -26 States & several groups filed suits against the Obama Administration Challenging the Affordable Care Act (Obama Care)

Question: Is the “individual mandate”—the section requiring Americans to buy health insurance by 2014 or pay a fine—unconstitutional?

Decision: In a 5 to 4 vote, the court upheld most of the Affordable Care Act—ruling the “individual mandate” was constitutional since it amounts to a tax.

2012 – 2013 Term

United States v. Windsor (Defense of Marriage Act Case)

Facts of the Case : -Defense of Marriage Act defines marriage for federal purposes as unions exclusively between a man and woman Same sex couples do not qualify for most federal benefits

Question: Does the Defense of Marriage Act (DOMA) violate the Fifth Amendment's Due Process Clause?

In a 5 to 4 vote, the court found DOMA unconstitutional Decision: In a 5 to 4 vote, the court found DOMA unconstitutional

2013 – 2014 Term Cases likely to be decided in 2014 48 appeals are currently on the docket

Schuette v. Coalition to Defend Affirmative Action (14th Amendment)

Facts of the Case : -Michigan voters approved an amendment prohibiting race- and sex-based discrimination or preferential treatment in public–university admission decisions -It ended racial preferences for minorities applying for college

Question: Does Michigan’s ban on racial preferences violate the Equal Protection Clause?

Town of Greece v. Galloway (1st Amendment)

-Greece, NY, opens it’s monthly town hall meetings with prayer Facts of the Case : -Greece, NY, opens it’s monthly town hall meetings with prayer -Most of those offering the prayers are Christian, but they also have invited Wiccan, Baha’i, and Jewish leaders

Does prayer at a government meeting violate the Establishment Clause? Question: Does prayer at a government meeting violate the Establishment Clause?

Other Important Cases NLRB v. Noel Canning: Were Obama's recess appointments to a federal agency valid? Liberty University v. Lew, et. al. Should private businesses be required to provide health insurance that includes birth control (Obama Care)? U.S. v. Wurie and Riley v. California Must police obtain a warrant to search the cell phone of a person under arrest?

The End