...Forum Two – Justice Sandra Day Supreme Court Justice Sandra Day O’Connor born in 1930 in Arizona, educated in Stanford, nominated by President Ronald Reagan and confirmed by the Senate by a 99-0 vote in 1981. Justice O’Connor was an essential share of the most significant decisions of the twentieth century, issues of affirmative action, abortion, Federalism and separation of church and state to name a few. New York Time Columnist summed her impact on the Court as, “ We are all living in now in Sandra Day O’Connor’s America” was reported by New York Times columnist, Jeffery Rosen (Segall 2006, 108). Justice O’Connor rose from job as secretary to the first female Supreme Court Justice of the United States of America (Stevens 2006, 99). However, It is disingenuous to claim Justice Sandra Day O’Connor as just the first female Supreme Court Justice with the impact she left upon the Court and America. The late Chief Justice Rehnquist once stated, “...
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...THE LAW ON ASSISTED SUICIDE On July 26, 1997, the U.S. Supreme Court unanimously upheld decisions in New York and Washington state that criminalized assisted suicide. These decisions overturned rulings in the 2nd and 9th Circuit Courts of Appeal which struck down state statutes banning physician-assisted suicide. Those courts had found that the statutes, which prohibited doctors from prescribing lethal medication to competent, terminally ill adults, violated the 14th Amendment. In striking the appellate decisions, the U.S. Supreme Court found that there was no constitutional "right to die," but left it to individual states to enact legislation permitting or prohibiting physician-assisted suicide. (The full text of these decisions, plus reports and commentary, can be found at the Washinton Post web site.) As of April 1999, physician-assisted suicide is illegal in all but a handful of states. Over thirty states have enacted statutes prohibiting assisted suicide, and of those that do not have statutes, a number of them arguably prohibit it through common law. In Michigan, Jack Kevorkian was initially charged with violating the state statute, in addition to first-degree murder and delivering a controlled substance without a license. The assisted suicide charge was dropped, however, and he was eventually convicted of second degree murder and delivering a controlled substance without a license. Only one state, Oregon, has legalized assisted suicide. The Oregon statute...
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...While many people are celebrating the Ninth Circuit Court of Appeals ruling in the Prop 8 case, I'll take this opportunity to use my platform for the usual buzzkill for a while, since a stay of this decision is in place until at least the end of this month, meaning justice delayed is justice denied. No surprise should exist that despite the well-written and narrowly approached opinion by the majority in today's Prop 8 decision by the Ninth Circuit Court of Appeals, Circuit Judge N. Randy Smith wrote a weak and ridiculous dissent that provides some preview of what may happen should this case reach the United States Supreme Court. Smith is an appointee of George W. Bush and a 1977 graduate of Brigham Young University's (BYU's) J. Reuben Clark Law School. And Smith seemed to be following the lead of a current BYU law professor, Lynn Wardle, who not only teaches at Smith's alma mater but whose name also appears in the "Counsel Listing" on the Prop 8 case in his capacity with the anti-gay Marriage Law Project at BYU's law school. Professor Wardle is notorious for anti-gay rhetoric that includes comparing gay people with rapists, child molesters, and drunk drivers. Meanwhile, earlier this week, the CEO of the largest affiliated controlling shareholder of my law school made a video supporting equal marriage rights. Following Professor Wardle's lead at his alma mater, Judge Smith gratuitously quoted Antonin Scalia's dissent in Lawrence v. Texas (in other words, Scalia's losing...
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...I. Discuss your theory as to why Justices Rehnquist and White dissented, as well as why Justice Rehnquist also wrote a separate dissent. Think about why they felt it necessary to dissent. What reasons did Justices White and Rehnquist state for disagreeing with the majority? Justices Rehnquist and White dissented for the simple definition of dissent: they had an “explicit disagreement of one or more judges of a court with the decision passed by the majority upon a case before them.” (Black’s, 2014). The Justices dissented together in that the language of the Constitution does not support the decision given by the Court and they both felt that the Court had overstepped its boundaries in the use of its express powers when is used one case to squash the all existing state statutes. Such a sensitive issue should be left to the individual bodies of people and their lower governing establishments. Justice Rehnquist went on to write a separate more detailed dissent because he had other disagreements with the Court’s decision. These disagreements covered areas such as lack of clarity in the initial case facts, decision rendered outside of facts pertaining specifically to this case and misuse of the liberty of right of privacy as afforded under the 4th Amendment with proper due process. The case facts did not specify as to which trimester Roe was in at filing. This single case against TX statute was used to strike down all the laws not just the ones involving this particular...
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...The Court is now overseeing the case of Fisher vs. Texas over the Affirmation Act and Equal Protection Clause of the Fourteenth Amendment. The University of Texas at Austin has been using race as a factor for the admissions process and Fisher has come to believe it diminished her chances of going to the school. The Affirmative Action Act is used to eliminate discrimination due to race and other variables. By using race as a variable to be admitted into their University, Texas has committed an unconstitutional policy because it breaks the Equal Protection Clause under the Fourteenth Amendment. The Equal Protection Clause states equal privileges for all United States citizens. The affirmative action act is the policy designed to help eliminate discrimination based on race, color, religion, sex, or national origin in areas such as: businesses, education, and employment. Affirmative action was originally used to help the ongoing battle against racism towards African Americans. However, the term affirmative action was first used in President John F. Kennedy’s 1961 Executive Order 10925 which required “federal contractors to “take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, creed, color, or national origin.” ” In 1967 Lyndon Johnson expanded his executive order 11246 (the equivalent of Kennedy’s executive order) to include affirmative action to benefit women (Sykes). Fisher vs. The...
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...Supporters of affirmative action fear that the Supreme Court could curtail or further restrict the use of race-conscious admissions policies at public universities. On Wednesday, all eyes will be on Justice Anthony Kennedy, whose vote is considered pivotal in the case brought by a white Texan who has sued the University of Texas at Austin, claiming that she was denied admission to the school in 2008 because of her race. Abigail Fisher, who has since graduated from Louisiana State University, said she was subject to unequal treatment in violation of the 14th Amendment. "I was taught from the time I was a little girl that any kind of discrimination was wrong, and for an institution of higher learning to act this way makes no sense to me," Fisher said in an interview clip posted on the website of the Project on Fair Representation, a legal defense foundation that's providing her with legal representation. On the other side are lawyers for the University of Texas, who argue that, like many other universities, UT seeks to assemble a class that is diverse in innumerable ways -- including race -- and that "race is just one of many characteristics that form the mosaic presented by an applicant's file." More than 90 friend of the court briefs have been filed in the case, with the Obama administration weighing in favor of the university. Others, who support Fisher, argue that diversity can be achieved through race-neutral programs, and that race-preferential admissions policies can...
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...Argumentative Neftali Ortiz ITT Technical The Don’t Ask Don’t Tell (D.A.D.T.) Policy was signed on Dec. 1993, until its repeal on Sept. 2011. This policy allowed gay men and women to serve with militants; however, it prohibits them from serving openly. It denied them the right to express themselves. D.A.D.T. however wrong in many ways it may have been, it was the first step in recognizing our gay men and women, who were and are serving our country. With just in a decade, the U.S. Supreme Court ruling in Lawrence vs. Texas, the courts, in a 6-3 decision, declared sodomy laws unconstitutional. With this ruling it leaves the “Don’t ask, don’t tell” policy of the United States Military, once again, open to debate and challenge. If the court’s ruling and thought process in its ruling is applied, then the “D.A.D.T” policy will not stand the same scrutiny. In the majority opinion written by Justice Kennedy it was stated, “Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain sexual conduct.” (Kennedy 2003). Using this reasoning, the long standing basis of the military’s ban and dismissal of homosexual or lesbian service members is called into serious question as to its validity. According to military policy, A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance...
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...within the court and how they affected the rulings in which the court carried out. Prior to reading this book, I had never truly considered the importance of prior individual rulings on the political parties. One case which has been endlessly debated since its ruling, Roe Vs. Wade, which ruled that women have the right to have an abortion, has frequently been the determining factor on whether or not the nominated Justice would be voted through the Senate. For Chief Justice Roberts, the Bush administration had to develop a response to any questions regarding Roe Vs. Wade that would satisfy both parties. Additionally, it was very surprising to see how some of the Justices interpretation of the law and the constitution changed over time. Justice Sandra O’Connor and Anthony Kennedy are two Justices who clearly shifted from the right into a more neutral positions within the court. Interestingly, these more neutrally positioned Justices unpredictability makes them more powerful, because the more predictable Justices often have to craft their opinions to win the vote of the more independent parties. I also found the frequent conflicts between Justices to be somewhat surprising. Prior to reading this book, my knowledge of the Supreme Court and law in general was fairly limited. I had not considered how different Justices could interpret the Constitution so differently. Thus, it was interesting to me that so many of the courts rulings came down to a fifth vote. Additionally, the...
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...a woman’s right and that it should not be limited by governmental or religious authority. Identifying as pro-life, the opponents believe that it is immoral killing and that personhood begins at conception. No matter what each side thinks, there will always be arguments about it. The choice to abort a fetus is central to a woman’s independence and ability to determine her own future. "A woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature,” stated by Supreme Court Justice Ruth Bader Ginsberg during Gonzales vs. Carhart (2007). A woman’s decision can affect her life for the good or the bad, but if abortion was illegal, then a woman cannot make the best decision for herself. Supreme Court Justice Sandra Day O'Connor wrote, "The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives," in Planned Parenthood v. Casey (1992). Women were given rights to vote in 1920, giving them more freedom of speech, and abortion was legalized in 1973, giving women a choice. If women are given this option, then shouldn’t they be able to choose how they please? The biggest argument is that abortion is murder. Unborn babies are considered human beings by...
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...The 2,000-Year-Old Wonder Drug 1. If aspirin truly is the wonder drug that the author claims it is. Would you support requiring all those for whom it is not dangerous to take it? Why or why not? In opinion, I will support it. Researchers have proved that patients who take aspirin gave a good result. 2. The author clearly approves of Mayor Bloomberg’s restrictions on sodas and trans fats. However, others feel that Bloomberg has gone too far in restricting these item. Where do you stand on this issue? I think his restrictions in the health code when a too far. I think every person is responsible of their own health. As an adult person we are responsible of what we consumed and having restrictions of what we really like, I think will make it worse. 3. Referring to our right to smoke and to not wear a seat belt, the author quotes Supreme Court justice Potter Stewart: “There is a big difference between what we have the right to do and what is right to do”, but that aren’t “right to do”? make a list and then compare your list with your classmates’ lists. What conclusions can you draw from these lists? Smoking in not just design areas , or another right to do is advocate for your rights at school with students with disabilities. 4. I definitely agree with the author about our responsibilities in our health. We know that some foods are nothing healthy for us but we still eating, even thought we know that we may have some health issues later on. My opinion is if someone has health...
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...The Justices had previously risen to a challenged in the case of United States v. Nixon and their political affiliations had no influence of the eight to zero vote forcing Nixon to overturn his tapes. However this time the Justices had made a decision not because of what was written in the law but because of their own politics. After the case Scouter was never the same. His whole view on the Court changed. He believed that the ruling mocked the tradition and values the Court was supposed to uphold. Scouter considered resigning because of how easily it was to see he colleagues reasons for voting the way they did. It was noted that after the case there were times Scouter thought of Bush v. Gore and wept. Five years after the 2000 election day, George W. Bush would have the chance to nominate someone to the Supreme Court. Justice O’Connor was retiring to help care for her husband who had Alzheimer’s. O’Connor had served on the Court for over 20 years and had been instrumental in cases like Planned Parenthood of Southern Pennsylvania v. Gov. Robert P. Casey and had basically rewritten Roe v. Wade. Bush wanted to appoint a Justice who would fight to swing the Court to the right. Bush started this by appointing John G. Roberts as Chief Justice of the Supreme Court. Bush also ended up nominating Samuel Alito to the Court as well. Bush had chosen these two people not because they were the best people for the job but instead because he believed that they would be able to bring the Court...
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...Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts The City of New London came up with a plan to redevelop an area in which they would develop a state park and other architecturally eclectic homes. Part of the deal included Pfizer corporation who would also put a research facility in the area. The development would match what Pfizer corporation was planning and would also increase revenue, create jobs, and promote the waterfront area. This would then be the start of a much needed revitalization of the rest of the city. The New London Development Corporation and other nonprofit corporations planned to bring in Pfizer with hopes of an economic boost. Statement and Discussion of the Legal Issues in Dispute Kelo and other residents are challenging the New London's legal authority in taking their homes. They are questioning if the property meets the requirements as public use within the means of the Taking Clause and the Fifth Amendment. New London's plan is to develop a 90-acre area on the waterfront near the Fort...
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...Carlos Tapia January 17, 2015 GRUTTER V. BOLLINGER 539 U.S. 206 (2003) PLAINTIFF/PETITIONER: Barbara Grutter DEFENDANT/ RESPONDENT: Lee C. Bollinger, Jr. / University of Michigan FACTS: The University of Michigan receives a high number of applicants each year to its College of Law. To help with admission decisions, the University has a point system in place. The point system is out of 100 points. A student that is from an underrepresented group automatically receives 20 points towards his or her overall score. These students are typically minority students. The Petitioner, Barbara Grutter, applied for admission to the Law School but was denied despite having an undergraduate GPA of 3.8 and LSAT of 161. Barbara Grutter, who is white, challenges the admissions practices of the University of Michigan Law School. She claimed that she was being discriminated against on the basis of her race in violation of her Constitutional rights pursuant to the Equal Protection Clause of the Fourteenth Amendment. ISSUES: Does the fact that the University’s law school considers race and ethnicity when it decides which students to admit violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution or the Civil Rights Act of 1964? COURTS: Trial Court: U.S. District Court = YES; Judgment granted to the Plaintiff Appellate Courts: Court of Appeals: 6th Circuit Court = NO; Reversed the Trail Court decision, Judgment for the Defendant...
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...Demonstrative Communication Sandra Sharples BCOM/275 October 29, 2012 Dr. Betty Bernstein Demonstrative Communication Nonverbal and unwritten communication would be considered as Demonstrative Communication and this type of communication is seen not only in the workplace but also in homes and many other social situations. There are many errors that are involved with communication messages within the workplace and the sender of the messages, within the workplace should make sure that he or she limits the errors so that the message can be understood correctly by the receiver. The most common form of communication between co-workers and clients would be the use of emails and there may be sometimes that an honest mistake with the email can cause for a lack of understatement and confusion. When I was an insurance salesperson, I wrote an email to a client, reminding the client of their payment and I had written the email with the Caps Lock. This made the email as if I was yelling at the client about her payment when in reality I was trying to just be polite and remind her of the payment so that the payment would not be late. The next day, I received and email from my district manager stating that I needed to get in contact with her immediately because the client had contacted her about the email. After contacting the district manager and explaining to her the honest mistake that I had made, she informed me that I needed to email the client and explain to her that I was not...
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...is not.”(Peoples of faith Should Oppose Official prayer at Public-School Graduation Ceremonies, 2015). Furthermore, opponents from school do not agree that praying in school can cause any violation and agree to this resolution. Every person has a right to perform the prayer in school because it gives them a peaceful feeling. Prayer is a good exercise for every human. If someone wants to talk to their during school time no one should go against them. As Durso stated, “Opponents of voluntary school prayer do not agree that the Free Exercise Clause is violated when the government does not set aside time for students to pray. As Justice Sandra Day O'Conner observes, nothing in the United States Constitution as interpreted by [the Supreme Court] prohibits public school students from voluntarily praying at any time before, during, or after the school day. The government cannot...
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