Briefly explain the power of judicial review and how it is seen as a check on a purely majoritarian democracy. What are the positive and negative aspects of judicial review? Explain how these issues are demonstrated in Obergefell v. Hodges (2015). Provide at least one quote from the majority decision and/or Scalias dissent as an example of one side of the debate over judicial review (25 points).
Identify and briefly explain two modes of constitutional interpretation. Apply your selected modes of interpretation to Dobbs v. Jacksons Womens Health (2022) to show how different approaches can lead to different outcomes. In doing so, include one quote from the dissenting opinion to provide an example of each mode of interpretation you identify. Stated differently, your response must include two quotes from the case which exemplify two different modes of interpretation. As the dissent repeatedly refers to the majority decision, you will have several options (25 points).
We have discussed how the establishment clause can run up against the free exercise clause of the First Amendment. How is Espinoza v. Montana Department of Revenue (2020) an example of this? How does it also serve as an example of what Schwartzman and Tebbe describe as the Roberts Court systematic reworking of the establishment clause? While you are not required to include quotes in this response, you may find that textual substantiation helps to ground your argument (25 points).
No on E v. Chui provides examples of reasons that impact whether the Supreme Court will or wont – grant cert and hear a case. Provide one such issue from the case and explain why that factor should either encourage the justices to hear the case or limit their ability to grant cert. Turning to the merits of the case, do you believe the San Francisco regulation is a violation of free speech? Why or why not? Be sure to make a legal not personal argument. Make sure to not merely parrot the arguments made by the petitioners and respondents (25 points).