essay topics about supreme court

80 Supreme Court Essay Topic Ideas & Examples

🏆 best supreme court topic ideas & essay examples, 👍 good essay topics on supreme court, 📌 most interesting supreme court topics to write about.

• People vs. O’Neil Supreme Court Desicion In addition to the murder and involuntary manslaughter charges, the jury also charged the individual and corporate defendants with reckless conduct. Secondly, the defendants argued that the murder charges were inconsistent with the involuntary manslaughter […]
• Supreme Court’s Decision in Tinker vs. Des Moines Nevertheless, the court protected the school and claimed the reasonability and fairness of its actions regarding the suspension of the students. We will write a custom essay specifically for you by our professional experts 808 writers online Learn More
• Harris vs. Forklift Systems Supreme Court Case The inference from this view is that Charles Hardy did not deprive Teresa Harris of equal rights for employment and was a person who was taught to disrespect women.
• Casebrief, Based on the Supreme Court: State V Hoying W L Hoying fully acknowledging the violation of writing to the victim, which is in violation of the civil protection order asked Ms.
• Case Brief on Reynolds vs. Sims The inadequate apportionment presented in the Alabama legislature deprived voters of rights stipulated in the Fourteenth Amendment and in the Alabama Constitution.
• “The Supreme Court: Home to America’s Highest Court” Documentary In this documentary, Chief Justice John Roberts discusses the principal goal of the Supreme Court and the West Plaza, the site of several public protests.
• United States Supreme Court Justices It should be noted that the role of judges is to guarantee fair decisions to the parties to the process. Accordingly, in an adversarial process, the role of the judge is to control the process […]
• Supreme Court’s Decision in McGirt v. Oklahoma In my view, the ruling revealed the fact that Oklahoma has, for a long time, ignored the requirement that Congress is the sole entity with the power to establish the boundaries of a tribal reservation.
• The American Government and Supreme Court Composition If the current Supreme Court judges were to hear the case, they still would uphold the ruling because it reflects their beliefs of defining the US as a haven dedicated to respecting human rights and […]
• The Griffin vs. California Supreme Court Case In the court, Griffin refused to testify, and according to a prosecutor, the defendant’s choice was evidence of guilt. In turn, it is the responsibility of the prosecution to prove the defendant’s guilt based on […]
• State vs. Anderson: Supreme Court Summary With its main purposes to obtain, store, and review information received from fingerprints, the AFIS system is fundamental in the investigation of criminal cases.
• Supreme Court: Originalism and Textualism Regardless of the decision to be made, conservative Supreme Court Justices are going to be split because of the misinterpretations of the new approach called textualism.
• Employee Benefits Program for Supreme Court Justice They are also a guarantee of the independence of the Supreme Court Justice representative in the performance of his duties. In case of the death of a representative of the Supreme Court Justice related to […]
• United States vs. Nixon Landmark Supreme Court Decision Nixon case happened in 1974 is one of the most critical decisions of the Supreme Court of the United States because it rejected the privileges that the head of the state supposedly had.
• The Supreme Court Chief Justice Position: Recruitment Plan Afterward, the Chief Justice of the Supreme Court must be appointed by the President, with the following approval by the Senate. As a result, fairness and the absence of bias in court judgment will be […]
• Addressing and Respecting Citizens’ Rights in Supreme Court Facts of The Case: Harriet Louise Adderley is the representative of the group of protesting students. The primary aim of the students was to protest for the releasing their black friends from the non-public prison.
• The Supreme Court’s Cancellation of Vaccines One of the points of view is that the COVID situation is getting worse, and the mandate was a logical continuation of Biden’s policy to combat coronavirus.
• The Brewer vs. Williams Supreme Court Case Williams became the main suspect of the young girls’ abduction after a young boy confessed to have seen him at the YMCA packing his car a large bundle of clothes with “skinny and white legs” […]
• Greenman vs. Yuba Supreme Court Case As the result of the trial before the jury, the court acquitted the third party of this conflict the retailer where Mr.
• Civil War and Supreme Court: The Enforcement of the Slave-Trade Laws I believe the leading causes of the American Civil war were the fight over the moral issue of slavery and political differences between the Southern and Northern American states.
• The Supreme Court Decision on the Right to Same-Sex Marriage The decision of the Supreme Court on the constitutional right of citizens to same-sex marriage is a significant event in the history of the development of modern democratic society.
• Diana Levine vs. Wyeth at the Supreme Court Diana Levine sued Wyeth at the Vermont Supreme Court, seeking compensation from the defendant for improperly written instructions to Phenergan that resulted in the amputation of one of the plaintiff’s limbs; litigation continued in the […]
• Marbury vs. Madison: A Landmark Supreme Court Case However, one of these judges, William Marbury, wanted to ask the Supreme Court to issue a writ of mandamus, a mandate, meaning that something that happened in case of his appointment would not be delivered […]
• Intellectual Property: The Supreme Court’s Ruling in Eldred vs. Ashcroft The other relevant information to be shared on the basis of this case encompasses the copyright and patent clause that accords the Congress with the power to provide authors the authority of controlling the use […]
• The Institution of the US Supreme Court The institution was designed as a check on the power of the legislative and the executive branches of the federal government.
• The Supreme Court’s Internet Sales Tax Decision The added input leads to an increase in products’ prices, making it hard for e-commerce startups to compete with other large-scale retailers and wholesalers.
• How Canada’s Supreme Court Affected Administrative Law Principles The protection of the rights of a claimant should respond to the statutory scheme in an administrative decision and expectations of procedural protection.
• Current Issues of Supreme Court Confirmation Process This fact ensures that the confirmation process is impartial, which contributes to the effectiveness of the Supreme Court by endorsing the candidates who have the most suitable skills and knowledge to occupy this position.
• Bordenkircher vs. Hayes, the United States Supreme Court, 1978 Is the Due Process Clause of the Fourteenth Amendment violated if, in the course of plea bargaining, a state prosecutor threatens the accused to be indicted on more severe charges if the respondent does not […]
• Supreme Court Eras. Brown vs. Board of Education The primary purpose of the paper is to provide the in-depth analysis regarding a possible decision made by the Supreme Court of the United States regarding the case Brown v.
• Policing and the Bill of Rights: Supreme Court Cases Jones case, the placement of a GPS device under a suspect’s car was interpreted as a violation of the Fourth amendment by the Supreme Court. In the United States v.
• Lechmere vs. National Labor Relations Board: Supreme Court’s Decision Lechmere Inc did not allow the organizers to use the lot, and they opted to use the public strip of land to distribute the handbills to employees entering in the morning and leaving in the […]
• In re Yamashita Case and Supreme Court’s Decision As a result, General Yamashita was the commander of all Japanese forces that were operating in Philippine, so he was responsible for their actions.
• Analysis of a Specific Supreme Court Decision The issue of fetal protection and the safety of pregnant mothers as provided in the Johnsons’ Control fetal policy is one that, not only draws particular attention to the parties that it seeks to address, […]
• The Introduction of the New British Supreme Court The introduction of the new British Supreme Court has involved different constitutional implications, such as changing the role of the Lord Chancellor and creating a position of President of the Court of England and Wales; […]
• Supreme Court Decision in the US vs. Bass Case of 2001 In the case of the defendant, race should not be a contributory factor and if this is so, then it can be concluded that the ruling was unfair.
• US Constitutional Law & Supreme Court’s Decisions It is not only necessary to have the necessary knowledge about principles and judgments of Constitutional Law by the Supreme Court, but it is also important to know how the Court has arrived at such […]
• Ruth Bader Ginsburg Documentary of Supreme Court Justice Ginsburg, who became the 107th judge of the Supreme Court and the second woman on the bench, was a sensation with the younger generations.
• Thurgood Marshall: Supreme Court of the United States Thurgood Marshall, serving on the Supreme Court of the United States, was one of the prominent American jurists who played a pivotal role in shaping the history of civil rights in America.
• Supreme Court: The Case Research The national-traffic and motor-vehicle-safety act was established in the US in the year 1966 and it was meant to facilitate the federal government to provide and enforce safety standards meant to ensure that road safety […]
• Supreme Court’s Interpretation of Democracy This was seen in the Free Exercise Clause of the First Amendment in a case involving Sherbert and Verner. The court mentioned the importance of a compelling interest from the state in regard to employment […]
• Supreme Court Decision: Corporations and Freedom of Speech The Constitution is the framework for the Government of the United States that protects and guarantees the basic rights of the people.
• Morse vs. Frederick: Decisions of the United States Supreme Court This court is independent; this gives it the mandate to check the other two arms of the government that is the Legislature and the Executive.
• Supreme Court and Local Governments Unfortunately, the ruling on the property by the Supreme Court is characteristic of a regulated market. To preserve a free market and the right of property ownership, the ruling should be reviewed.
• Appeal Process in the Supreme Court in the U.S It is the duty of the Supreme Court to correct errors in trial court proceedings, interpret case law and statutes, and the state and federal constitutions and administrators of the courts.
• Forensic Science and Law: The U.S. Supreme Court’s Decision in Daubert According to the Daubert decision, the Supreme Court took a broad view of “science ” based on the data and reasoning facts considered as expert evidence.
• President’s Power in Supreme Court Cases The Humphrey’s case and the Myers case test the powers of the president of the United States to hire and fire individuals at will.
• Relationship Between the Supreme Court and the High Court Justice The given article utilizes the empirical and quantitative methods of studying the relationship between the Supreme Court and the High Court Justice.
• The Supreme Court Saves Cell Phone Privacy From the article, it is clear that the government advanced an argument that police officers need to be given the power to search cellphones because of the long-established exception to the Fourth Amendment, which makes […]
• Constitutional Law: Supreme Court and Stare Decisis Such a system can refresh the views on legal issues and establish less stereotypic judgments, which is especially important at the age of democracy in the United States.
• Supreme Court Decisions That Affect Victim Handing In other words, despite the fact that the rights of the defendant are breached, the Supreme Court works to avoid the possibility of the abuse of the right granted by this precedent.
• Supreme Court: Elk Grove Unified School District vs. Newdow In the case, Newdow an atheist as opposed to his daughter’s participation in the recitation of Pledge of Allegiance due to the word ‘under God.’ His claim was that the school and the state were […]
• Loving vs. Virginia Supreme Court Case Since the couple pled guilty, the judge refused the appeal which led the case to be taken to the Virginia Supreme Court of Appeals.
• The Supreme Court of the United States This paper examines the structure and functions of the structure of the Supreme Court of the United States as described in United States Courts.
• The Eighth Amendment and the US Supreme Court The paper at hand is going to analyze the attitudes to the Eight Amendment during the terms of the Warren Court, the Burger Court, the Rehnquist Court, and the current Roberts Court.
• US Supreme Court’s Role in Criminal Justice System The Supreme Court is the highest institution of justice in the United States that has a special role in the system of the American government.
• Criminal Cases in the Supreme Court’s Jurisdiction If a case is believed to make it to the US Supreme Court, it should be filed in the state or federal court first.
• US Supreme Court’s Ideological Tendencies Political views are considered to be one of the key factors when the question is about the role of the politics in the decisions of the US Supreme Court.
• Supreme Court in New York Times Co. vs. United States The decision of the courts could have been because the executive lied to the public, and there was every right to make the public aware of this fact.
• Obergefell vs. Hodge: Supreme Court Case Hodges is one of the most significant cases of the US Supreme Court, in which the Court ruled that marriage equality is a fundamental right of the citizens guaranteed by the Fourteenth Amendment to the […]
• Brown vs. Plata Case and Supreme Court’s Decision The Court’s decision, in this respect, reflected the willingness of the majority of Judges to confirm that the provisions of the Eighth Amendment to the U.S.
• The Supreme Court Role in Canadian Politics The introduction of the Charter of Rights and Freedom in 1982 formed a foundation through which the court makes final verdicts relating to the law of the land. The aim of the current research is […]
• Supreme Court and State of the U.S. Justice System Particularly, the decline of the death penalty as the final decision of the court can be deemed as a proof of the liberal attitudes to become the mainstream tendency in the U.S.
• Supreme Court Ruling: The Louisiana Purchase The importance of the Supreme Court to the country has been cemented through the various powers bestowed upon the court by Article III of the constitution.
• Analysis: “Governing From the Bench: The Supreme Court of Canada and the Judicial Role” by Emmett Macfarlane He focuses on aspects like the judicial behavior, the evolution of the court and its justices, the processes that lead to the court making crucial decisions as well as the decisions made by the court.
• The New Deal and the Role of the Supreme Court Written in 1998, Barry Cushman’s book “Rethinking the New Deal Court: The Structure of a Constitutional Revolution” is a historical analysis of the famous shift by the US Supreme Court from opposing the social legislations […]
• The United States Supreme Court: Marbury vs. Madison In his defense of the implementation of judicial review, he draws attention to a distinction between the will of the majority in reference to the society and the will of the majority in reference to […]
• U.S. Supreme Court: Antonin Scalia as a Textualist The paper discusses some of the ways in which the theory of textualism makes interpretation easier, simplifies challenges, and how the theory compares to the theories of originalism and common law use of the principle […]
• Oral Arguments and Decision-Making on the Supreme Court The aim of the latter is to determine if the court simply requests the parties to explicate the issues that they wrote in their briefs or they go past the issues outlined in the briefs […]
• Supreme Court in Israel US and UK Methods of Choosing High Court Judges In the US, the high court judge is appointed for life by the president himself; of course this has to be by the consent of the […]
• The Supreme Court: Justice Clarence Thomas Thomas was also lucky in 1968 because he managed to secure a position with an enrollment plan targeting minorities in the region.
• Prima Facie Case: Home Country vs. Foreign Country The constitutional issues in the case The first Constitutional issue arising in this case was whether the North Carolina Supreme court had general jurisdiction in the matter.
• Supreme Court in the United States The rulings and decisions made by the Supreme Court are final and this demonstrates the high power that the court wields.
• Roe vs. Wade Ruling – The Result of the Supreme Court However, the decision of the court was that abortion could still be conducted at the third trimester provided the health of the mother was in danger.
• As Supreme Court Reconvenes, Civil Rights Issues in the Fore The first case that the court will hear is the legality of affirmative action in admission of new students in higher learning institutions. The Supreme Court will have to decide on the legality of these […]
• U.S. Supreme Court Operation The case whose proceedings were held at the State Appeal Court involved the Williamson family who were accusing a car manufacturer of failing to install seat belts at the back seats of their buses as […]
• Comparison of US Supreme Court Decisions The major contention in this case was the National Industrial Recovery Act where the US Congress gave authority to the President of the United States to prohibit the transportation of petroleum within and outside the […]
• Questioning and Criticizing Supreme Court Nominees The fitness of the candidate to deliver in the system is scrutinized, often based on responses to legal and statutory interpretations.
• The Supreme Court Decision: Bank of Augusta vs. Earle The Supreme Court defended its decision of reversing the case by stating that, the bank had the rights of suing the defendant because of the charter laws that defined operations of such an organisation.
• The Supreme Court, in the Case of Kelo vs. the City of New London In her previous ruling she stated that it was allowed for private property to be transferred to another private individual for economic development as long as it is bound to be improved and used in […]
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IvyPanda . (2024) '80 Supreme Court Essay Topic Ideas & Examples'. 1 March.

IvyPanda . 2024. "80 Supreme Court Essay Topic Ideas & Examples." March 1, 2024. https://ivypanda.com/essays/topic/supreme-court-essay-topics/.

1. IvyPanda . "80 Supreme Court Essay Topic Ideas & Examples." March 1, 2024. https://ivypanda.com/essays/topic/supreme-court-essay-topics/.

Bibliography

IvyPanda . "80 Supreme Court Essay Topic Ideas & Examples." March 1, 2024. https://ivypanda.com/essays/topic/supreme-court-essay-topics/.

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116 Supreme Court Essay Topic Ideas & Examples

Inside This Article

The Supreme Court of the United States is one of the most important institutions in the country, tasked with interpreting the Constitution and ensuring that the laws of the land are applied fairly and justly. As such, it is a topic that is ripe for exploration and discussion, making it an excellent subject for essays.

If you are looking for inspiration for your next essay, here are 116 Supreme Court essay topic ideas and examples to get you started:

• The role of the Supreme Court in American democracy.
• The history of the Supreme Court and its evolution over time.
• The impact of landmark Supreme Court cases on American society.
• The ideological makeup of the Supreme Court and its implications for the future.
• The process of nominating and confirming Supreme Court justices.
• The influence of public opinion on Supreme Court decisions.
• The relationship between the Supreme Court and the other branches of government.
• The Supreme Court's role in protecting individual rights and civil liberties.
• The influence of politics on Supreme Court decisions.
• The importance of precedent in Supreme Court jurisprudence.
• The role of dissenting opinions in shaping Supreme Court decisions.
• The impact of technology on Supreme Court proceedings.
• The role of the Supreme Court in shaping American culture.
• The relationship between the Supreme Court and state courts.
• The impact of globalization on Supreme Court decisions.
• The Supreme Court's role in shaping economic policy.
• The influence of interest groups on Supreme Court decisions.
• The role of the Supreme Court in promoting equality and social justice.
• The impact of the media on public perceptions of the Supreme Court.
• The role of the Supreme Court in shaping foreign policy.
• The relationship between the Supreme Court and the executive branch.
• The impact of public opinion on Supreme Court nominations.
• The role of the Supreme Court in protecting minority rights.
• The impact of social media on Supreme Court proceedings.
• The role of the Supreme Court in shaping environmental policy.
• The relationship between the Supreme Court and Congress.
• The impact of campaign finance on Supreme Court decisions.
• The role of the Supreme Court in shaping educational policy.
• The influence of religion on Supreme Court decisions.
• The impact of the Supreme Court on the criminal justice system.
• The relationship between the Supreme Court and the military.
• The role of the Supreme Court in shaping healthcare policy.
• The impact of the Supreme Court on immigration policy.
• The influence of public opinion on Supreme Court nominations.
• The role of the Supreme Court in shaping labor policy.
• The relationship between the Supreme Court and Native American tribes.
• The impact of the Supreme Court on LGBTQ rights.
• The role of the Supreme Court in shaping gun control policy.
• The influence of public opinion on Supreme Court appointments.
• The impact of the Supreme Court on reproductive rights.
• The relationship between the Supreme Court and the disability rights movement.
• The role of the Supreme Court in shaping housing policy.
• The influence of public opinion on Supreme Court rulings.
• The impact of the Supreme Court on voting rights.
• The relationship between the Supreme Court and the Black Lives Matter movement.
• The role of the Supreme Court in shaping labor rights.
• The influence of public opinion on Supreme Court judgments.
• The impact of the Supreme Court on environmental rights.
• The relationship between the Supreme Court and the #MeToo movement.
• The role of the Supreme Court in shaping consumer rights.
• The influence of public opinion on Supreme Court verdicts.
• The impact of the Supreme Court on animal rights.
• The relationship between the Supreme Court and the Occupy Wall Street movement.
• The role of the Supreme Court in shaping privacy rights.
• The impact of the Supreme Court on intellectual property rights.
• The relationship between the Supreme Court and the Fair Trade movement.
• The role of the Supreme Court in shaping internet rights.
• The impact of the Supreme Court on indigenous rights.
• The relationship between the Supreme Court and the anti-globalization movement.
• The role of the Supreme Court in shaping consumer protection.
• The impact of the Supreme Court on disability rights.
• The relationship between the Supreme Court and the anti-war movement.
• The role of the Supreme Court in shaping worker's rights.
• The impact of the Supreme Court on prisoners' rights.
• The relationship between the Supreme Court and the animal rights movement.
• The role of the Supreme Court in shaping reproductive rights.
• The relationship between the Supreme Court and the environmental movement.

With so many potential topics to choose from, you are sure to find a Supreme Court essay topic that piques your interest and allows you to delve deep into this important institution. Whether you are exploring the history of the Supreme Court, analyzing its impact on specific policy areas, or examining its relationship with social movements, there is no shortage of fascinating angles to explore. So pick a topic that resonates with you, and get ready to dive into the world of the Supreme Court through the power of the written word.

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93 Supreme Court Research Topics & Essay Examples

📝 supreme court research papers examples, 💡 essay ideas on supreme court, ❓ supreme court research questions.

• Gay Marriage and the U.S Supreme Court Law essay sample: The same-sex marriages created implications regarding procedural elements in the American criminal justice system due to the tax matter that formed the basis.
• Supreme Court and the Federal Court System Law essay sample: The US Supreme Court is the highest court on the land charged with the responsibility of interpreting important questions about the constitution.
• Antonin Scalia, an Associate Justice of the US Supreme Court Law essay sample: Scalia was an Associate Justice of the United States Supreme Court from 1986 to 2016, his career life began at an international law firm located in Cleveland.
• Legal Brief: U.S. Supreme Court Ruling in Maryland v. Pringle Law essay sample: According to the research, there were found 5 plastic baggies with a substance that was identified as cocaine.
• Supreme Court of the United States: Marbury v. Madison Law essay sample: The case Marbury v. Madison was one of the most important cases in American law history since it introduced the power of judicial review.
• Freedom of Speech and Related Supreme Court Cases Law essay sample: Some examples from history were when the Court, in the case of Brown against the Board of Education, decided that the division of education institutions by race is not fair.
• Supreme Court Case: Terminiello v. Chicago Law essay sample: In Terminiello v. Chicago case, the appellant was Father Arthur Terminiello and the respondents were Chicago, Illinois courts, Robert H. Jackson, and the Chicago police.
• Supreme Court on Native American Adoption Law Law essay sample: This paper discusses the Indian Child Welfare Act of 1978 and the controversy surrounding its constitutionality, which led to lower court decisions declaring it unconstitutional.
• The Roper v. Simmons Case Analysis Law essay sample: Whether the execution of a person who was 17 years old when he executed a murder is prohibited under the Eighth and Fourteenth Amendments?
• Florida v. Harris and Florida v. Jardines Cases Comparison Law essay sample: The cases of Florida v. Harris and Florida v. Jardines share some similarities. However, several peculiarities create a definite distinction between the two.
• The Charkaoui v. Canada Supreme Court Case Law essay sample: The Supreme Court of Canada issued a decision in Charkaoui v. Canada about the legality of procedures for determining the proportionality of a security certificate.
• Dobbs v. Jackson Women's Health Organization Decision by the U.S. Supreme Court Law essay sample: After careful consideration, most judges decided that abortion is not a constitutional right and that no individual is given authority to regulate access to the matter.
• The Miranda vs. Arizona Case Decision Law essay sample: This paper discusses the case of Miranda vs. Arizona on whether the Supreme Court made the right decision in reversing the judgment.
• District of Columbia v. Heller: Rights to Possess Arms Law essay sample: District of Columbia v. Heller was one of the most significant decisions made by the U.S. Supreme Court that influenced individuals’ rights to possess arms.
• The Bush vs. Gore Case in the Supreme Court Law essay sample: If the Supreme Court is to rule over a case such as Bush vs. Gore, the ruling issued should not form part of the precedence to rely on when providing judgment.
• Hernandez v. Texas Case: Discrimination Charges Against Indigenous Peoples Law essay sample: The case Hernandez v. Texas, which occurred on May 3, 1954, defined how the American legal system handles discrimination charges against indigenous peoples.
• Change in Role of Supreme Court Over Time Law essay sample: The Supreme Court is the most powerful in the country and hears all issues and disagreements relating to other American laws and the Charter of Rights and Freedoms.
• Immigration Law: The Biden v. Texas Case Law essay sample: The recent Supreme Court decision in the case of Biden v. Texas, 597 U.S., was a hallmark for immigration laws in the U.S
• The Role of the Supreme Court in Shaping Legal Precedent
• Key Landmark Decisions of the Supreme Court
• The Supreme Court and Parental Rights Termination
• Judicial Review: Understanding the Supreme Court’s Power
• U.S Supreme Court vs. Constitutional Right to Carry a Handgun
• The Evolution of the Supreme Court: Past to Present
• Supreme Court Nominations: Impact on Legal Landscape
• American Political System and Supreme Court Reform The United States of America is one of the oldest democracies in the world. It is an election-driven and representative federal democracy.
• Balancing Act: The Supreme Court and the Constitution
• The Supreme Court in the Judiciary System of the USA
• Socio-Political Importance of the US Supreme Court
• The Significance of Supreme Court Dissents
• Supreme Court Jurisdiction: Boundaries and Scope
• The Supreme Court’s Role in Safeguarding Civil Liberties
• Supreme Court and the Separation of Powers Doctrine
• The Supreme Court and the History of Reconstruction The article focuses on the connection between the views of historians on Reconstruction and Supreme Court jurisprudence.
• Legal Interpretation: Methods Employed by the Supreme Court
• Selecting Judges for the Supreme Court: Appointing vs. Electing
• The Most Important Bankruptcy Supreme Court Cases
• Supreme Court Scrutiny: The CSI Effect and Its Jurisprudential Implications
• The Politicization of Supreme Court Confirmations
• Presidential Appointments of Supreme Court Justices
• Supreme Court and the Bill of Rights: A Historical Perspective
• The Supreme Court’s Impact on Social Change
• Supreme Court and Federalism: Examining State vs. Federal Powers
• The Constitution and the US Supreme Court The Supreme Court has created a significant collection of judicial opinions, or precedents following the Constitution.
• Discussing Justice Term Limits on the Supreme Court
• The Supreme Court’s Methods of Interpreting the Constitution
• Judicial Independence: The Supreme Court as a Check and Balance
• Supreme Court and Electoral Law: Key Cases and Issues
• The Influence of Public Opinion on Supreme Court Decisions
• Supreme Court Dynamics: Balancing Judicial Activism vs. Judicial Restraint
• The Supreme Court’s Role in Resolving Constitutional Conflicts
• Supreme Court and Due Process: Protecting Individual Rights
• Antitrust Policy and Mergers: The Wealth Effect of Supreme Court Decisions
• The Role of the Supreme Court in Ensuring Equal Justice
• Examining the Supreme Court Appointments: Life-Long Impact Appointing a Supreme Court Justice is an significant process for the government of the United States because it holds tremendous power over the future development of the state.
• Supreme Court and the Evolving Definition of Free Speech
• Judicial Activism vs. Judicial Restraint: Supreme Court Perspectives
• The Approval Process of Supreme Court Justice
• The Supreme Court of the U.S This work describes the history of the formation of the US Supreme Court, its basic legislative framework and the current court format.
• Supreme Court and Religious Freedom: Key Cases
• The Supreme Court’s Influence on Criminal Justice Policies
• Supreme Court and Technology: Navigating the Digital Age
• The Supreme Court’s Role in Defining Marriage Equality
• What Is the Crucial Role of the Supreme Court in Upholding the Constitution?
• Should Supreme Court Justices Have Term Limits?
• How Does the Supreme Court Employ Various Methods in the Interpretation of Legal Matters?
• What Is the Purpose of the Length of the Term for a Supreme Court Justice?
• In What Ways Has the Supreme Court Evolved From Its Inception to the Present Day?
• How Do Supreme Court Nominations Impact the Overall Legal Landscape?
• Why Are Dissents Considered Significant Within the Context of Supreme Court Decisions?
• In What Ways Does the Canadian Supreme Court Differ From the US Supreme Court?
• How Do Supreme Court Decisions Give Power to the States?
• What Are the Jurisdictional Boundaries and Scope of the Supreme Court’s Authority?
• Are US Supreme Court Justices Politically Biased?
• How Does the Supreme Court Navigate the Delicate Balance of Powers Between Branches of Government?
• What Methods Does the Supreme Court Use to Interpret Legal Matters?
• Should the Number of Supreme Court Justices Be Increased?
• What Is the Minimum Age to Be a Judge of the Supreme Court?
• How Does the Supreme Court Contribute to the Development of Legal Precedent?
• What Is the Historical Perspective of the Supreme Court’s Involvement in Upholding the Bill of Rights?
• How Many Members Are in the Supreme Court?
• Can the Supreme Court Make a Decision That Violates the US Constitution?
• What Is the Main Function of the Supreme Court?
• How Has the Supreme Court Interpreted the Second Amendment?
• In What Ways Has the Supreme Court Contributed to Social Change Through Its Decisions?
• Which US President Also Served on the Supreme Court?
• How Does the Supreme Court Impact Electoral Laws, Citing Key Cases and Issues?
• What Are the Landmark Judgements of the Supreme Court of India?
• How Does the Supreme Court Ensure Due Process and Protect Individual Rights?
• Does the President Have Power Over the Supreme Court?
• What Influence Does Public Opinion Have on the Decisions Rendered by the Supreme Court?
• Should Supreme Court Justices Be Elected Instead of Appointed?
• What Is the Difference Between the High Court and the Supreme Court?

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LawBirdie. (2024, February 14). 93 Supreme Court Research Topics & Essay Examples. https://lawbirdie.com/topics/supreme-court-research-topics/

"93 Supreme Court Research Topics & Essay Examples." LawBirdie , 14 Feb. 2024, lawbirdie.com/topics/supreme-court-research-topics/.

LawBirdie . (2024) '93 Supreme Court Research Topics & Essay Examples'. 14 February.

LawBirdie . 2024. "93 Supreme Court Research Topics & Essay Examples." February 14, 2024. https://lawbirdie.com/topics/supreme-court-research-topics/.

1. LawBirdie . "93 Supreme Court Research Topics & Essay Examples." February 14, 2024. https://lawbirdie.com/topics/supreme-court-research-topics/.

Bibliography

LawBirdie . "93 Supreme Court Research Topics & Essay Examples." February 14, 2024. https://lawbirdie.com/topics/supreme-court-research-topics/.

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138 Court Essay Topics

🏆 best essay topics on court, ✍️ court essay topics for college, 👍 good court research topics & essay examples, 📌 easy court essay topics, 🎓 most interesting court research titles, 💡 simple court essay ideas.

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• Case Notes on Court: Stockland Development Pty Ltd v Manly Council
• The Court of Law: Merits and Difficulties
• The Riley v. California Supreme Court Case Brief The case Riley v. California investigated by the Supreme Court in 2014 is an excellent example of the unacceptable actions of police officers in investigating crimes.
• The Courtroom: The Role Participants in a Court Courts have a specific layout that ensures that there is a smooth running of all case proceedings starting from the court usher right to the highest authority, the judge.
• Court Cases that Address Prosecutors Ethics A prosecutor is a person who represents a state in criminal cases in courts of law, he or she is responsible for executing a criminal who has broken a law.
• Supreme Court Decision Research Paper The Supreme Court’s decisions have great importance in legal practice and often become precedents determining how future cases are to be decided.
• Landmark Court Cases in Digital Communication The paper examines three landmark cases in digital communication comprising United States v. Anderson (2014), Fort Wayne Books v. Indiana (1989), and California v. FCC (1988).
• Dual Court System in the United States The purpose of this article is to consider the principle of the functioning of the dual judicial system in the United States.
• Attending Court: Personal Experiences On 23rd February 2011, I attended a bail hearing of an accused police constable who shot and killed a 26-year-old man. The hearing took place in Ontario.
• Texas vs. Johnson: Landmark of US Supreme Court The Texas v Johnson case, considered by the US Supreme Court thirty years ago, is on the list of Supreme Court decisions that have had the greatest impact on American society.
• Court Systems of the United States The US has two primary court systems: State and Federal courts. The dual court system has a significant impact on the process of trial and diverse aspects of the legislation.
• Disempowerment of Women in King Arthur’s Court Thomas Malory belongs to those writers who managed to depict the disempowerment of women without focusing on the problem of racial discrimination alone.
• Supreme Court Case Matal v. Tam and The First Amendment The First Amendment is an important normative act that helps attribute trademarks to the objects of cultural or commercial expression but not to official state messages.
• The Case of Camara vs. Municipal Court This paper analyzes the case of Camara vs. Municipal court and whether the fourth amendment applies in this case.
• The Hierarchy of the Court System in England and Wales This study assesses the hierarchy of the court system in England and Wales. It also seeks to determine how the common law doctrine of binding precedent interacts with the order.
• The Sekmadienis Ltd. v. Lithuania Court Case Sekmadienis Ltd. v. Lithuania concerned a lawsuit filed by the Lithuanian Government against the advertising company.
• Veterans Court Designing: Three Crucial Stages The work discusses the types of treatment you to mandate, addressing problems with compliance, and other support you needed when designing Veterans court.
• Somalia v. Kenya: International Court of Justice The case that will be analyzed is Somalia v. Kenya. It is one of the contentious cases heard by the International Court of Justice.
• The United States vs. Trump Supreme Court Case Investigations on Trump’s conduct have led to numerous cases in court, including stealing classified documents from the White House and storing them in Mar-a-Lago.
• Breyer on the Supreme Court’s Fundamental Role In “Making Our Democracy Work: A Judge’s Views, ” Stephen Breyer, a Supreme Court justice, outlines how the justice system’s US Constitution should work.
• Family Court-Ordered Mediation: Violence Family Court-Ordered Mediation is not suitable for the victims of domestic abuse, parents with mental illnesses or addictions, and in cases of child neglect.
• The Milbanke Court vs. Grantley House Lease Agreement The article delves into the complexities of lease agreements and the legal aspects related to various properties to provide a comprehensive overview of leasing practices.
• The Impact of Supreme Court Decisions on the US Economy High-profile U.S. Supreme Court decisions have underscored the role and importance of the Constitution and underpinned many economic tendencies.
• Court Cases That Impacted to Death Penalty Daryl Atkins, who has an IQ of 59, was found guilty of murdering an Air Force enlisted man inside a convenience shop and was sentenced to death for his crime.
• Analysis of Roe v. Wade Supreme Court Case Study Since the Supreme Court’s Roe V. Wade ruling in 1973, around one out of every three pregnancies has resulted in abortion that’s why it is one of difficult and contentious problems.
• The U.S. Supreme Court Election System The elections of the US Supreme Court members are politicized and ideologized, which is incompatible with democratic values and contrary to the Constitution.
• The Loving v. Virginia Supreme Court Case Analysis Loving v. Virginia was a case decided by the Supreme Court of the United States that legalized interracial marriage nationwide.
• Ricci v. DeStefano: Supreme Court Case The paper discusses the Ricci v. DeStefano court matter. A group of African Americans could not get a promotion which they filed as racism in the workplace.
• International Criminal Court and Its Importance International Criminal Court presents a permanent international court with jurisdiction to prosecute individuals for various international crimes.
• Supreme Court’s Abortion Ruling Sets Off New Court Fights The article discusses the Supreme Court’s decision to ban abortions and give states the right to decide on their local level whether they want to prohibit it or not.
• The Supreme Court in Lifetime Appointment A lifetime appointment to the Supreme Court is not a beneficial approach for the modern age, and it cannot effectively prevent undue influence over the Justices.
• How the US Supreme Court Affected Japanese Americans Some Japanese Americans refused to relocate to internment camps during World War II, and they also challenged government orders to do so in court.
• The Supreme Court and the American Constitution The paper looks upon Constitutional provisions and Supreme Court’s rulings and discusses the impact they had on American life.
• A Court Case That Influenced Federal Decision on Gun Control The case of plaintiff George Young, who sues the state and county for denying him an application for a license for carrying a handgun in public for personal defense.
• Gun-Carry Rules Bar Jail, Court Retirees A recent case documented by O’Connor shows how the federal courts have barred retired officers from carrying guns despite being permitted to do so by the law.
• “Miranda v. Arizona” Supreme Court Ruling The Supreme Court landmark case “Miranda v. Arizona” was decided in 1966. The ruling pertains to the fifth and sixth constitutional amendments.
• Introduction of Information Technologies in Court Introducing AI and IT technologies in court will significantly increase the technological aspect of justice and its accessibility.
• Stare Decisis and the Principle’s Role in Court Cases Stare decisis is a doctrine that is based on courts following previously covered cases with the aim of increasing efficiency throughout the process.
• Whren v. the United States, 517 US 806 – Supreme Court 1996 Whren’s motion says that the search of the car in which he was a passenger by officers in an unmarked car was a violation of the 4th Amendment.
• The Brown vs. Board of Education Case: Supreme Court Decision This paper will analyze the Supreme Court’s decision in the Brown vs. Board of Education case and discuss its implications for civil rights.
• Canadian Court and Sex Offences This paper focuses on investigating three main factors that may prevent or complicate judicial proceedings regarding sex offense cases.
• Historical Controversies of Supreme Court Justice Selection The selection of the new members of the Court is a complicated process that includes confirmation procedures from the President and the Senate.
• “Kelo v. New London”: Court Case Analysis This paper discusses the case “Kelo v. New London”, where this case was originally filed, what Constitutional issue is being raised, and when was oral argument heard.
• Court Decisions on Drug Offenders The research entails an investigation into the variables that influence the sentencing decisions of judges in drug offenders’ cases.
• The Impact of Race on Court Decisions The main question of the paper is whether white people and people of color, women and men, rich and poor, young and old, receive the same punishment for the same crime.
• Supreme Court’s Marbury v. Madison (1803) Case Marbury v. Madison remains a landmark and relevant ruling today for the Supreme Court because the ruling established the doctrine of judicial review.
• Abortions. Perspectives, Federalism, Court Cases Abortion has been one of the most provocative topics across the globe. People have different views on whether a woman should be permitted to abort her child or not.
• Supreme Court Ruling on Affordable Care Act This paper describes the majority opinion of the United States Supreme Court about the ACA. The paper also discusses personal views on the constitutionality of the ACA.
• Loving vs. Virginia: The Supreme Court Case Loving vs. Virginia 388 U.S. 1 (1967) is a historic decision of the U.S. Supreme Court. It was a controversial one that pushed along reform in the United States.
• Workplace Discrimination Laws: Court Case Employers who terminate their workers on the basis of their sexual orientation break the law by violating Title VII of the Civil Rights Act of 1964.
• “Supreme Court Justices Question…” Article by R. Rubin The reviewed article is titled “Supreme Court Justices Question IRS Shield in Tax-Shelter Case,” and it was posted in The Wall Street Journal on December 1, 2020, by Richard Rubin.
• The Discriminations Based on Significant Court Cases This paper analyzes the differences in the approaches taken to remedy each of the discriminations based on significant court cases.
• Supreme Court Judgeship Appointment Process This paper examines the appointment process and confirming a Supreme Court justice comprising of two main steps – nomination by the President and confirmation by the Senate.
• Lifetime Appointment for the Supreme Court Justices This proposal is motivated by assuming that current Supreme Court Justices are much older and have held office much longer than before.
• Overturning Supreme Court’s Decision on Evenwel v. Abbott and Trump v. Hawaii Evenwel v. Abbott and Trump v. Hawaii are Supreme Court cases in which America’s highest ability to use cumulative population when redistricting and Trump’s immigration policy.
• State and Federal Court Systems in the United States This paper describes the typical state court system and compares it with the federal court, their authority, and current systematic problems of their work.
• Tinker v. Des Moines: Court Proceeding Tinker v. Des Moines Independent Community School District is a historic Supreme Court Ruling that set the standard for school authorities about implementing policies.
• The United States Criminal Court System The systems approach involves the coordination of all the concerned parties, i.e. the law enforcers, correction agencies, and courts.
• Processes that Entail a Juvenile Court The author of this letter writes to someone’s person in order to make that person understand the processes that entail a juvenile court.
• Derivative Lawsuit: The Laws and Court Cases This paper aims to discuss the laws and court cases regulating shareholder derivative lawsuits in the United Kingdom and examine if they have promoted business cultural responsibility.
• Eyewitness Testimony and Its Reliability in the Law Court A citizen becomes a witness due to an accidental combination of circumstances, but his or her role in criminal proceedings is significant since the witness is indispensable.
• US Legal System and Court Experience The jury trial is a highly structured and orderly process that plays a crucial role in the American legal system.
• The Notion of the Supreme Court The following paper is the establishment of a correlation between the Supreme Court and the public as it is supposed to appear in terms of legal considerations.
• The People Jury Court on McNeese Prior to trial before a jury, McNeese was accused of committing a robbery using a deadly weapon. He had served an imprisonment term in the penitentiary at San Quentin.
• Juvenile Court Philosophy: the Parens Patriae Doctrine The Parens Patriae doctrine has become widely adopted in the juvenile system as advocates of such a system assert that juveniles are influenced by their developmental context.
• The International Criminal Court Jurisdiction The present position of the US towards joining the international criminal courts remains negative, and there are prospects that it may change with the new administration.
• Types of ADR and the Hearing Court The primary types of alternative dispute resolution (ADR) methods include mediation and arbitration. Mediation involves the use of a mediator to reach a settlement conflicts.
• Observations of the Virtual Crown Court and the Impact of COVID-19 on Trials The purpose of this paper is to compare theoretical ideas with the observations of the Virtual Crown Court and discuss how COVID-19 impacted the court trials.
• Psychologists’ Involvement in Civil Court Area Psychologists have varied interests within the civil court. Their involvement usually targets the examination of emotional elements associated with individual injury litigation.
• American Psychological Association’s View on Court Judgments According to American Psychological Association, it is crucial for the court to determine the risk of prospect hostility of an individual claimed before passing of judgment.
• Thurgood Marshall and His Supreme Court Justice Thurgood Marshall was born in 1908 in Baltimore, Maryland to William Marshall who worked as a railroad porter and mother an elementary school teacher.
• American Congress, President, and the Supreme Court In performing duties, Congress must keep in mind the interests of the people to ensure that the policies they make serve the best interest of the public.
• The American Supreme Court: Series of Evolution The American Supreme Court has gone through a series of evolutions over the years. Most of these evolutions have been on their composition, size and responsibilities.
• The United States Supreme Court Overview Congress and Justices of the Court are empowered by the constitution to develop the authorities and operations of the entire Judicial Branch of government.
• Supreme Court Decisions on First Amendment “Bill of Rights “is the first ten amendments made to the American constitution. However, the First Amendment is considered to be the most pivotal.
• Supreme Court in Brown v. Board of Education Case The decision of the Supreme Court in “Brown v. Board of Education“ has given the way for the desegregation of white and black in schools.
• American Democracy and Landmark Supreme Court Cases This essay ponders the key values of American democracy and describes landmark Supreme Court cases that have contributed to the formation of the political system.
• Life Terms and Limits of the Supreme Court Justice The paper concludes that the life terms practice should not be changed as it is integral to the existing political system and corresponds with the purpose of the Supreme Court.
• The US Supreme Court Jurisdiction Evolvement The U.S. Supreme Court represents one of the three branches of power that ensures the effective work of the system of checks and balances.
• Judicial Activism on the Supreme Court of Canada The article “Measuring Judicial Activism on the Supreme Court of Canada” encompasses the available empirical and quantitative evidence on judicial activism.
• Puerto Rico Court System Puerto Rico’s judicial system currently comprises of the Supreme Court, which is the highest court in the region and also mandated to direct the entire judicial system.
• Alternative Procedures Against Returns to Court The current use of bail needs to be revised with a focus on implementing updated procedures for controlling the return of defendants to courts.
• The Family Law Court System Functioning The operation of the judiciary in the sector of family law is crucial for the development of society. The complexity of family law is reflected in the absence of identical cases.
• Supreme Court: Miranda vs. Arizona Miranda v. Arizona is among the most notable Supreme Court cases that were decided in the second half of the twentieth century.
• History of the U.S. Supreme Court The U.S Supreme Court came into existence as per the requirement of the constitution. The USA constitution required that a supreme court is enacted to provide judicial power.
• Expert Testimony Usage in a Court of Law The present paper has used DNA and insider trading cases to illuminate important concepts associated with the use of expert testimony in a court of law.
• US Workplace and Race Discrimination Court Cases The present paper analyzes two court cases to demonstrate important concepts associated with workplace discrimination.
• The Supreme Court Justice Warren Earl Burger’ Biography This research paper covers the life and times of the Supreme court Justice Warren Earl Burger. This research paper is based on a literature review.
• Supreme Court’s and Habeas Corpus War on Terror Since the principles, which the war on terror is based by, are entirely against the postulates of habeas corpus, these postulates should be integrated into the process of combating the terrorists.
• Supreme Court Justice: Homosexual Marriages The question of homosexual relations and untraditional marriages remains to be open for a long period of time. It is hard to make all people choose the same position and stick to it all the time.
• The Supreme Court of the United States: Analysis The Supreme Court is the guardian of the Constitution, protecting its supremacy against the laws of the Centre or the State which conflict with or contravene with its provisions.
• Factors That Are Involved in the Nomination of Supreme Court Justices
• The Supreme Court and the Reproductive Rights
• New Jersey’s Court System – Examined at Every Level
• U.S. Supreme Court and the Death Penalty
• False Memories and Their Dangers in Court Cases
• European Court and Social Policy of the European Union
• The Supreme Court and American Society
• Bargaining and Opinion Assignment on the US Supreme Court
• Language Barriers and Lack of Interpreters in the Court Systems
• Judicial Review and the Role of the Court System
• U.S. Supreme Court and the Banking and Credit Union Conflict
• Immigration Reform and the Supreme Court Ruling
• Forensic Anthropology and the Criminal Court System
• Domestic Violence, Mental Health, and Family Court
• U.S. History and Government: Landmark Supreme Court Cases
• The Mandatory Mediation Program the Court Requires
• Campaign Finance Issues and the Us Supreme Court
• Discrimination and the War at Appomattox Court House
• Should the Supreme Court Legalized Gay Marriage
• Chief Justice John Marshall’s Supreme Court Influence
• The Potential Successes and Weaknesses of the African Court of Human Rights
• Newly Created Court System for Puerto Rico
• Supreme Court Rights Override Legislative
• Universalizability and Philippine Supreme Court Cases
• Crime Victimization Survey and Juvenile Court Statistics
• The United States Lends Credibility to the International Criminal Court
• Social Work and the Juvenile Court System
• American Court System: Court Designs and Functions
• Abortion United States Supreme Court in 1973
• The State Court System in the State of Washington
• Gender Discrimination During the Supreme Court
• The Court System and the Law of Great Britain
• The Turkish Constitutional Court, Laicism and the Headscarf Issue
• Comparison and Critical Appraisal of the English Court System
• The Many Issues Surrounding the Supreme Court in the United States
• Political Influence Over Supreme Court Criminal Procedure Cases
• Analysis of the New Mexico Judiciary
• Health Care Reform and the Supreme Court
• Public Opinion and Supreme Court Decision
• The Criminal Law and the United States Supreme Court on the Case Atkins Versus Virginia in 2002
• Adversarial vs. Inquisitorial Court Systems
• Supreme Court Sentence Four to Death for Roger Whetmore’s Murder

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These essay examples and topics on Court were carefully selected by the StudyCorgi editorial team. They meet our highest standards in terms of grammar, punctuation, style, and fact accuracy. Please ensure you properly reference the materials if you’re using them to write your assignment.

This essay topic collection was updated on January 5, 2024 .

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Supreme Court Essay Topic Ideas & Examples

• Essay Topics

Supreme Court Essay Topic Ideas & Examples

• Questioning and Criticizing Supreme Court Nominees
• Comparison of US Supreme Court Decisions
• U.S. Supreme Court Operation
• Case Brief on Reynolds v. Sims
• As Supreme Court Reconvenes, Civil Rights Issues In The Fore
• Roe vs Wade Ruling – the Result of the Supreme Court
• Supreme Court in the United States
• Prima Facie Case: Home Country v. Foreign Country
• Supreme Court in Israel
• Oral Arguments and Decision-making on the Supreme Court
• The New Deal and the Role of the Supreme Court
• Analysis: “Governing from the Bench: The Supreme Court of Canada and the Judicial Role” by Emmett Macfarlane
• Supreme Court Ruling: The Louisiana Purchase
• The Supreme Court Role in Canadian Politics
• Brown vs. Plata Case and Supreme Court’s Decision
• Obergefell v. Hodge: Supreme Court Case
• Supreme Court in New York Times Co. v. United States
• US Supreme Court’s Ideological Tendencies
• Criminal Cases in the Supreme Court’s Jurisdiction

Good Essay Topics on Supreme Court

• The Supreme Court of the United States
• Loving v. Virginia Supreme Court Case
• Supreme Court Decisions that Affect Victim Handing
• Constitutional Law: Supreme Court and Stare Decisis
• The Supreme Court Saves Cell Phone Privacy
• Relationship Between the Supreme Court and the High Court Justice
• President’s Power in Supreme Court Cases
• Forensic Science and Law: The U.S. Supreme Court’s Decision in Daubert
• Appeal Process in the Supreme Court in the U.S
• Supreme Court and Local Governments
• Supreme Court Decision: Corporations and Freedom of Speech
• Supreme Court’s Interpretation of Democracy
• Supreme Court: The Case Research
• Ruth Bader Ginsburg Documentary of Supreme Court Justice
• Supreme Court Decision in the US vs. Bass Case of 2001
• The Introduction of the New British Supreme Court
• People v. O’Neil Supreme Court Decision
• Case Brief, Based on the Supreme Court: State V Hoying W L

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Court Cases Essay Topics

• Supreme Court Oral Arguments and Decision-Making
• Supreme Court of the United States: Antonin Scalia as a Textualist
• The Supreme Court of the United States: Marbury V. Madison
• The New Deal and the Supreme Court’s Role
• Albert Court Motel
• Emmy Macfarlane’s “Governing from the Bench: the Supreme Court of Canada and the Judicial Position” Examines the Supreme Court’s Position in Canadian Society.
• Analysing Data in Hr and Presenting Findings to Crown Prince Court Decision Makers
• Decision of the Supreme Court: the Louisiana Purchase
• Court Objectives and Responsibilities
• Legislation: Court Case Analysis
• Court Organization in England and Wales
• The Supreme Court and the Condition of the American Justice System
• The Role of the Supreme Court in Canadian Politics
• Court of Justice of the European Union and Regional Integration
• Case of Brown V. Plata and the Supreme Court’s Decision
• The Court’s Juvenile Division
• Trials and Judgments in Legal Proceedings
• The Political Relations of the Roberts Court
• War Crimes in Syria and the International Criminal Court
• Obergefell V. Hodge: Supreme Court Case
• The Supreme Court in United States V. New York Times Co.
• The Supreme Court of the United States Ideological Tendencies
• Home Firearms in the Court Case McDonald V. Chicago
• Criminal Matters Under the Supreme Court’s Jurisdiction
• Contribution of the US Supreme Court to the Criminal Justice System

Exemplary Court Case Essays

• The Eighth Amendment and the Supreme Court of the United States
• The Domestic Violence Court and Project Reset
• Legal Procedure: Interview with the Prosecutors
• Court Appearance Report
• Court System against the Constitution of the United States
• The United States Supreme Court Is the Highest in the Land.
• Legal Problem and Its Prospects
• Superior Court vs. Cypress Semiconductor Corporation
• Women’s Roles in the Ptolemaic Court the Attempt to Determine the Role That Women Played in
• Supreme Court Case of Loving Vs. Virginia
• Criminal Court: Ahmad Al-Faqi Al-Mahdi Case
• Compare “Punishment” with “Conscience of the Court.”
• Knowing the Legal System: the People V. Turner Case
• Elk Grove Unified School District V. Newdow Before the Supreme Court
• The Crown Court Case: Trafficking in Drugs and Weapons
• Decisions of the Supreme Court Affecting Victim Handling
• International Court Punishing Violent Conflict-Related Rape
• Should Larry Hillblom Junior Proceed to Court or Settle?
• Supreme Court and Stare Decisis
• Mock Trial Experience Before the Federal Court in Brooklyn
• Expert Witnesses and Courtroom Testimony in Four Cases
• Criminal Court Administration
• Organization and Structure of State Courts
• Supreme Court Protects Cell Phone Privacy
• Electronic Surveillance and Related Judicial Decisions

Essay Ideas About Court Cases

• Alternatives to Court for Mentally Ill Offenders
• Court for Mentally Ill: Bobbitt V. Commonwealth
• Testimonial Evidence and Witness Courtroom Testimony
• Definition of Dual Court System
• People V. Goetz: Decision of the Court and Implications
• Justice’s Relationship to the Supreme Court and the High Court
• The Court System in Arizona Will Sue Uber Technologies Inc.
• Lomanno: Report on Tax Law and Court Decisions
• Importance of Establishing a New International Environmental Court
• Presidential Authority in Supreme Court Cases
• The International Court of Justice or World Court
• Forensic Science and the Law: the Supreme Court’s Daubert Decision
• The United States Supreme Court’s Appeals Procedure
• Business Law and the Virginia Court System
• Pros and Cons of Forensic Experts in the Courtroom
• The Supreme Court and Local Authorities
• Juvenile Offenders in Adult Court
• European Union and Supreme Court
• The European Court of Human Rights and Global Human Rights
• The Texas Court System and Its Effects on American Citizens
• The Supreme Court Rules against the Police in a Case Involving a Search
• Pennsylvania State Court System
• United States Court Structure with Three Tiers
• Morse V. Frederick: Supreme Court of the United States Decisions
• The International Criminal Court Model

Research Questions About Court Cases

• A Recent Supreme Court Decision, Kelo V. the City of New London
• The Ruling of the Supreme Court in Bank of Augusta V. Earle
• Inquiring About and Criticizing Supreme Court Nominees
• Children Victims of Child Abuse and Neglect in Court
• Comparative Analysis of Supreme Court Decisions
• S. Supreme Court Operation
• The Warren Court in the U.S.
• Homosexual Marriage and Choice the Massachusetts Supreme Court
• Why Should Juveniles Be Tried in Adult Court?
• Case Summary of Reynolds V. Sims
• As the Supreme Court Reconvenes, Civil Rights Concerns Are at the Forefront.
• Roe Vs. Wade: Result of the Supreme Court’s Decision
• The International Court of Justice
• Case on the Prima Facie: Home Country V. Foreign Country
• Relationship between the International Criminal Court and the African Union
• The Emperor and His Court
• A Case against the Admissibility of Polygraph Evidence in Court
• The Highest Court in Australia
• The Function of the High Court in Australia’s Governmental Structure
• Griggs V. Duke Power Co. in the Civil Rights Court
• A Court’s Jurisdiction
• The Concept of Negligence Advance in Australian High Court
• Israel’s Supreme Court
• Evaluation of the Sra Open Court Reading Program for the Third Grade in Light of Second Language Learners

Equity Essay Topic Ideas & Examples

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Background Essay: The Supreme Court and the Bill of Rights

Guiding Question: How has the Supreme Court decided cases in controversies related to the Bill of Rights?

• I can identify the role of the Supreme Court in protecting civil liberties.
• I can explain how the Supreme Court’s role has changed over time.

Essential Vocabulary

During the last 60 years, the Supreme Court has become perhaps the central defender of civil liberties, or freedoms that government is not allowed to restrict, in the United States. This role has been a relatively recent development that marked a distinct change from the Founding, when the Court mostly addressed government powers. The evolution of this role for the Court has greatly expanded popular expectations of enjoying individual rights. However, it has also been fraught with numerous difficulties, both for the constitutional order and for the Supreme Court itself, as it has become the center of controversy about rights.

Limited Government and the Supreme Court

The original Founding understanding of the Bill of Rights was that it limited the powers of the federal government to violate the rights of the people. When originally ratified, the Bill of Rights only applied to the national government, not to state governments. State governments had their own bills of rights to protect their citizens. This reflected the constitutional principle of federalism, or the separation of powers between state and national governments. The Supreme Court endorsed this Founding view that the Bill of Rights applied only to the national government in the case Barron v. Baltimore (1833).

Moreover, this also represented the principle of limited government, one of the foundations of protecting liberties. The national government had certain enumerated and implied powers that the three branches—legislative, executive, and judicial—exercised in making, executing, and interpreting the law. Enumerated powers are those listed explicitly in the Constitution. Implied powers are those that government has that are not written in the document. The national government could not exceed these powers to violate the liberties of the people. To further this protection, states had their own bills of rights. The Declaration of Independence asserted that the ultimate protection of the people’s liberties is the overthrow of a tyrannical government after a long train of abuses.

The role of the Court was to hear all cases arising under the Constitution. After the case of Marbury v. Madison (1803), the Court’s role expanded to include determining the constitutionality of governmental laws and actions. However, there was debate over whether or not the other branches also had the responsibility of interpreting the Constitution.

It is important to note that although the Court could rule a law or action unconstitutional, it was not necessarily the final word on the Constitution. In a speech critical of the Dred Scott v. Sandford (1857) decision, Abraham Lincoln quoted Andrew Jackson, saying, “The Congress, the executive and the court, must each for itself be guided by its own opinion of the Constitution.” Lincoln was arguing that the Court’s authority and just precedents , or earlier laws or rulings, should be respected, but the Supreme Court was not necessarily the final word on the meaning of the Constitution and could make errors, as it did in Dred Scott . All the branches must interpret the document in the exercise of their constitutional powers for the ends of liberty, equality, and justice.

The Supreme Court, Incorporation, and the Bill of Rights from the Twentieth Century to Today

The due process clause of the 14th Amendment led to the incorporation of the Bill of Rights, which meant that the Supreme Court applied the Bill of Rights to the states. During the first half of the twentieth century, the Court incorporated the Bill of Rights selectively in a few cases. For example, it extended the First Amendment right of free speech against state violation in Gitlow v. New York (1925) and freedom of the press in Near v. Minnesota (1931).

The popular understanding of the Court as the protector of individual rights became widely accepted during the Warren Court (1953–1969) and after. Many of the decisions were controversial because Americans viewed the issues involved differently. Some Americans questioned whether the Court was the appropriate branch to define rights or whether it should be left to the other branches of government or the amendment process. The Court also controversially overturned the laws and common values of states and local communities for one uniform, national standard.

The Court expanded the application of the Bill of Rights (incorporated) to the states in several areas and protected civil liberties in new ways. For example, the Court banned school-sponsored prayer and Bible reading in public schools in Engel v. Vitale (1962) and Abington School District v. Schempp (1963), respectively, for violating the establishment clause of the First Amendment.

The Court protected the rights of students in local public schools in other ways. In Tinker v. Des Moines (1969), the Court decided that students had the right of free speech to protest the Vietnam War under the First Amendment. The students had worn black armbands to protest the war despite a warning not to, and the school suspended them.

The Court protected the rights of the accused in major cases during the mid-1960s. The Court stated that criminal defendants are entitled to an attorney in Gideon v. Wainwright (1963). The Court excluded, or left out, illegally seized criminal evidence under the Fourth Amendment in Mapp v. Ohio (1964). In Miranda v. Arizona (1966), the Court decided that police officers must provide a “Miranda warning” informing accused people of their rights before questioning them about a crime.

The Court also made key decisions on moral issues that were fiercely debated in American society. In Griswold v. Connecticut (1965), the Court asserted that a “right to privacy” exists and is implicit in several amendments of the Bill of Rights. Therefore, the Court declared a state law banning birth control unconstitutional. The decision was a precedent for the use of the right to privacy argument in Roe v. Wade (1973), which established a right to abortion.

In recent decades, the Court helped protect gay rights. In Lawrence v. Texas (2003), the Court invalidated state laws banning homosexual acts. In Obergefell v. Hodges (2015), the Court made gay marriage a right when it required states to recognize the same-sex marriages of other states.

The Supreme Court has left a mixed record regarding its decisions related to the Bill of Rights. On one hand, Court rulings have protected what seem like reasonable and fundamental individual liberties. On the other hand, the Court has made rulings on cultural, social, and moral disputes that often did little to resolve the wider debate over the issues and maybe even fueled division among Americans. In recent decades, for better or worse, Americans have increasingly looked to the Supreme Court as the protector of civil liberties and the final word on the Constitution.

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50 Most Expected Essay Topics for Judiciary Exams 2023

Author : Tanya Kaushal

Updated On : November 16, 2023

Reader's Digest -   Passing the Civil Judge test might be challenging without excelling in the essay writing component. Hence, essay writing bahut zaruri hai ! Read the top 50 most important essay topics for judiciary exams. Know the hot law-related judiciary essay topics of 2023! 

Why should you focus on Essay writing? This might be the go-to question for all of you. Essay writing questions assess your competence to judge, analyze, and write about the subject asked in the Judicial Services Examination.

Mastering the art of essay writing is essential for success in the judiciary exams. The essay writing section is crucial in the judiciary exam and carries significant weight. This article will discuss some important essay topics you should be prepared for, along with tips and strategies to help you write effective essays.

The Essay Paper is among the most scoring papers in the Judiciary Exams. It is low-hanging fruit that every candidate must opt for.

For instance, in MP Paper 2, candidates face the challenge of demonstrating their court practice, writing skills, and awareness of current legal issues. Furthermore, the essay component carries significant scoring weight, with 20 marks allocated for writing on social and legal issues.

Similarly, in RJS Mains Paper 4 Language Paper 2, you must showcase your English essay writing skills. Moreover, in Bihar Judiciary Syllabus 2023 for General English, you are tested on your comprehension and writing abilities through passages or summaries.

So, whether it's analyzing social issues, addressing legal topics, or exhibiting language proficiency, mastering the art of essay writing is crucial to excelling in judiciary exams. Prepare to sharpen your writing skills and delve into the 50 most expected essay topics for Judiciary Exams 2023!

Download FREE Study Material for Judiciary Exams by Judiciary Gold

Most Important Essay Topics for Judiciary Exams 2023

Essays are the most scoring among all the papers of the judiciary exams. However, the judiciary aspirants ignore it. The majority have the attitude, 'ab essay bhi padhna padega'. So, let us clear the air of doubt regarding the essay.

Writing an essay on legal topics for a judicial exam becomes more challenging since research and sufficient legal understanding are required. In such scenarios, practice is the only key to writing a good essay in the Upcoming Judiciary Exams .

Make the essay writing a fun session. Write down each topic on the paper cit and pick a new topic, aka chit every alternative day from the list of most important essay topics for Judiciary Exams. Practice as many questions as possible from the previous year's papers; this will help improve your vocabulary and time management skills. 

The following are some of the most critical essay topics for a judiciary or current essay topics in 2023 for Judiciary exams that you need to focus on to score well in essay writing:

Apart from the above-mentioned topics, here are more topics for your reference:

•   Lawyers' Role in Speedy Justice-delivery
• Capital Punishment
• Human Rights in India 
• Empowering a woman empowers the next generations.
• Marriage - an institution of great social relevance
• Farmers' stir - more than a loan waiver
• The drug, drinking and driving never go together
• Cyberbullying - more extreme than face-to-face taunts
• Global warming is warning us through sea level rising and ice caps melting
• With value education, build the pillars of character
• Lawyers' Role in Speedy Justice-delivery
• Apolitical Education
• Skilling the youth of India
• Education is a weapon that can change the world
• Right to education - challenges and prospects
• The dark disparity gap between rich and poor
• Why is the administration insensitive to the plight of slum dwellers
• Environment vs Growth
• Is communalism a challenge to peace or propagation of religion or something else
• Right to privacy
• Young Indian's preferences from job search to job creation
• Should educational qualifications be made mandatory for politicians
• Reservations and Human Development in India
• Beto Bachao - Beti Padhao, India ko aage badhao
• India & China, from rivalry to enmity
• How the internet changed the way we live
• Cybernation - a threat or a convivial to employment
• Be the change you want to see in others
• Justice delayed Justice denied

Previous Year's Essays Topics in Judiciary Exams 

Here is the table of the essay topics that were asked in the previous year's PCS J Exams:

50 Most Expected Essay Topics for Upcoming Judiciary Exams 2023

Essays can increase your score and improve your final rank with little effort and the proper technique. The judiciary aspirants run from North to South and East to West to search for the most expected essay topics for judiciary exams.

Our experts have curated 50 essay topics for judiciary exams from the most trending topics of National and international importance. Practice just one topic every alternative day. This way, you will cover three weekly topics, totalling almost 50, for four months. 

The following list entails the fifty most important essay topics for PCS J exams. Prepare these topics well in advance to excel in the Essay section of the Judicial Services Exam:

• Role of courts/courts during a pandemic
• Violence against women
• Child rights during lockdown
• Digitalisation of education
• Right to digital education
• Vaccination Policy of India
• Contempt of court
• Power of court to order relief for covid affected patients
• Labourer's/daily wage workers' rights
• Women's Rights during lockdown
• Hate speech
• Organizing mass gatherings during a pandemic
• Essential services during lockdown
• Restriction of rights of citizens during pandemic/lockdown
• Freedom of religion vis a vis pandemic
• Role of social media in the Pandemic
• Growing unemployment
• Medical infrastructure of the country
• Participation of the Judiciary in Politics
• Mental health
• Freedom of speech and expression
• Freedom of movement
• Sustainable environment
• Growing intolerance
• Social and legal ramifications of CAA/UAPA
• Right to protest
• Rights of the LGBTQIA+ community
• Too much democracy
• Atmanirbhar Bharat
• Terrorism (talibanism)
• Problem of malnutrition
• New India - Why Still A Union Territory?
• Debate on nationalism
• Pollution crises
• Article 370
• Water disputes between states
• Fugitive economic offender bill
• Labour Reform
• White collar crime
• Women Empowerment
• Triple Talaq
• Cyberbullying
• Global Warming
• Right to Education
• Gender disparity in the social sector
• Justice delayed justice denied
• Protection of Child Rights in India
• Social Justice in Indian Democracy
• Alternate Dispute Redressal (ADR)
• Right to Constitutional Remedy

Important Current Legal Essay Topics for Judiciary Exam 2023

Solving previous year's Questions Papers for Judiciary Exams  will help you know the difficulty level and the type of questions asked in the essay paper. Refer to the following list of essays on current legal topics in India:

• Importance of Uniform Civil Code in India
• Role of Media in protecting democratic values in India
• Causes and Consequences of Violence Against Women in India
• Protection of human rights; Indian scenario
• How gender inequality affects the progress of our country
• The education system in India
• Causes and Consequences of Corruption in India
• The Practice of Child Labour In India
• The right to privacy is a fundamental right in India
• Right to Education in India

Read More : How to Read Bare Acts for Judiciary Exams?

• Barriers to Access to Justice in India
• Social Justice in Indian Democracy: An Overview
• The law relating to contempt of courts in India
• Review of administrative law in India
• Alternative dispute resolution in India
• Child Rights in India
• Right to constitutional remedies under the Constitution of India
• Emergency provisions of the Constitution of India
• Role and Powers of Governor
• Functions of Parliament in India: An overview
• Right to a fair trial in India

Important English Essay Topics for Judiciary Exams 2023

English is a subject where you can improve your grades in the judicial services examination. 

Following a few  English preparation tips for Judiciary Exams will help enhance your grammar and vocabulary, which are essential for writing a good essay.

The following are essential English essay topics for the Civil Judge exam:

• Role of Media
• Demonetisation
• Cyber Security
• Child Labour
• Industrial Development/Pollution
• Farmers suicide
• Water disputes
• Social Media
• Globalization
• Recent Laws
• World meetings
• Social issues

Read More : Short Tricks to Memorize Bare Acts for Judiciary exams

Mastering the Art of Writing An Excellent Essay for Judiciary Exams 2023

While an essay is a large project, there are many steps a student can take to break down the task into manageable chunks.

Following are the six steps to drafting an essay:

• Know precisely what is being asked of you. 
• Prepare an outline or diagram of your ideas around the selected topic. 
• To write a successful essay, you must organize your thoughts.
• You must see connections and links between ideas more clearly by taking what's already in your head and putting it to paper. 
• The body of your essay argues, explains, or describes your topic.
• Each main idea that you wrote in bullets.
• The introduction should attract the reader's attention and show the focus of your essay. Your diagram or outline will become a separate section within the body of your essay.
• The conclusion brings closure to the topic and sums up your overall ideas while providing a final perspective on your topic.
• Read your response carefully to ensure there are no mistakes and you didn't miss anything.

How to Write a Good Essay in Judiciary Exam 2023?

Essay writing is an art that cannot be learned overnight or in a month. To write a good essay, you must read books, love reading and writing, and follow good authors. An Essay mainly depends on your command of the language and how much you know about the topic .

The following are some of the best essay writing preparation tips for the Judiciary exam :

First, you should read newspapers, magazines, etc., as it will help improve your vocabulary, knowledge, and viewpoint.

1. Selection of Option

• Generally, you will be given 3 to 4 topics in the exam.
• You have to choose the one per your knowledge of the particular topic.

2. Planning

• After finalizing the topic, you must plan your writing with a balanced approach.
• Jot down the key points to be mentioned in your essay.
• Your views must be presented in objective nature rather than presenting them in subjective nature.
• Also, mention your opinions and arguments with examples in your essay.
• Include facts and figures to support your approach.

Read more : Judiciary Exam Syllabus

3. Prioritize Important Points

• Highlight the essential points in the initial paragraph of the essay. 
• Try to include all the critical points related to the topic in the essay.
• Make text bold or italics to highlight the critical points in the middle of the paragraph.

4. Interlink Each Point

• Try to interlink each point in the essay.
• The second paragraph must continue the first paragraph; the third paragraph must relate to the second one, and so on.
• Do not repeat the content of the introduction.

In conclusion, the 50 Most Expected Essay Topics for Judiciary Exams 2023 are invaluable for aspiring candidates. These topics cover various legal issues and provide a comprehensive understanding of the current judicial landscape. As candidates prepare for their exams, here are the key takeaways:

• The essay topics encompass diverse areas of law, including constitutional law, criminal law, and civil law.
• Understanding key concepts and recent developments in these areas is crucial for success.
• Candidates should enhance their analytical and critical thinking skills to address these topics effectively.
• Regular practice and mock essay writing will help candidates develop their writing style and time management.
• Familiarity with landmark judgments and relevant case laws will strengthen essay arguments.
• Continuous self-assessment and revision will ensure a well-rounded preparation for the judiciary exams.

By utilizing these key takeaways, candidates can confidently and competently approach the essay section of the judiciary exams.

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Free Supreme Court Essay Samples to Make Your Writing More Relevant

9124 samples on this topic

Writing a Supreme Court cases essay is kind of a real challenge for college students. Typically, the writing process is energy and time-consuming since students should base their papers on legal research. In order to make a legally valid paper, students must associate their statements with the relevant provisions of the law, observation report of court cases, etc. But the most common problem for students is how to start their thematic essay on Supreme Court cases and where to look for inspiration.

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What Stephen Breyer gets wrong about the Supreme Court’s ‘civility’

The public’s trust in the Supreme Court has plummeted , as the conservative supermajority decisions have already stripped Americans of rights and threaten more of the same. But in a new essay published Wednesday in The New York Times , former Supreme Court Justice Stephen Breyer suggests a more pressing concern for the high court and the country: Are the justices friends?

For all Breyer’s anecdotes, the core of his essay is still emphasizing the humanity of justices who are more than willing to de-emphasize the humanity of others in their decisions.

Breyer suggests that differences of opinion between the justices, “important as they are,” must “remain professional, not personal.” This was the case while he was a justice, he writes, and “this meant that we could listen to one another, which increased the chances of agreement or compromise.” Such congeniality is a template for a divided nation, Breyer argues — without going into detail about the actual disagreements between the left and the right on matters like race, gun safety and voting rights.

The retired justice’s piece is filled with anecdotes about the various justices he served alongside ribbing each other and finding connection despite their policy differences. It would all be charming — if it weren’t for the obscene amounts of power those nine justices wield, no matter how chummily they do it. Instead, the sentiment of Breyer’s writing manages to combine that of a disgruntled retiree’s sepia-tinged remembrances and an overly earnest Facebook post. For all Breyer’s anecdotes, the core of his essay is still emphasizing the humanity of justices who are more than willing to de-emphasize the humanity of others in their decisions.

In a sense, this is nothing new for the former justice. It hearkens back to his former traveling debate with the late Justice Antonin Scalia, a lion of the conservative originalist movement in the courts. It was their way of demonstrating that strenuous debate over the law doesn’t equate to being enemies who use political calculations in their rulings. “Judges make terrible politicians,” Breyer told a Senate hearing back in 2011 alongside Scalia, arguing that there was little room for making political calculations in their rulings. “We have to make decisions based on reason. That’s it.”

It’s a sentiment that was worthy of a side-eye even at the time, and has only gotten less convincing as the court’s composition has shifted away from the center. Placing civility and agreeability over differing views is a hallmark of the centrist line of thought, using the appearance of goodwill to disguise the depth of division between two positions. Politics is the art of being able to determine the law, and the law is the codified result of a society’s politics. That is never more the case than when decisions of vast importance before the Supreme Court are decided based almost entirely on the political considerations of the justices in the majority.

The gulf between Breyer’s hopes and reality was on display in the momentous 2022 decision to overturn Roe v. Wade’s abortion protections.

The gulf between Breyer’s hopes and reality was on display in the momentous 2022 decision to overturn Roe v. Wade’s abortion protections. In a Times article from this past December on the behind-the-scenes maneuvering ahead of that opinion, Breyer is described as someone who “was sometimes dismissed by other liberals as an overly optimistic institutionalist who underestimated the ambitions of the conservative majority.” It emphasized though his “strong ties with justices on the right” that he hoped could be used to find some kind of consensus on the Dobbs case.

He was deeply mistaken. Unlike the Casey decision in 1992 , there was no consensus that could be forged when the end goal — striking down Roe — was predetermined before the court had heard a single word of the oral arguments. It didn’t matter how many hockey games they’d attended together, or rounds of golf had been played among them. The callous disregard from the majority for the people its decisions affect makes it hard for Chief Justice John Roberts’ complaints about criticisms of the court to find much traction. It’s also why the recent joint appearances of Justices Amy Coney Barrett and Sonia Sotomayor to promote civil debate in the face of polarization, which Breyer’s essay praised, are sure to do little to instill greater trust in the court’s decisions.

The most generous explanation is that Breyer’s intended audience isn’t the average reader of The New York Times, but his former colleagues still serving on the bench. Even if that’s the case, I’m skeptical that reminding them of the good times they’ve shared will do much to affect the actual decisions that are made. If those pleasant memories couldn’t sway his conservative colleagues when Breyer was actually voting on opinions, there’s little reason for them to listen to him now.

Hayes Brown is a writer and editor for MSNBC Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.

Opinion What we have learned about the Supreme Court’s right-wingers

Supreme Court observers frequently refer to its right-wing majority of six as a single bloc. However, differences among those six have become more apparent over time. Justices Samuel A. Alito Jr.’s and Clarence Thomas’s extreme judicial activism, partisan screeds and ethics controversies put them in a category unto themselves. Meanwhile, Justice Amy Coney Barrett has demonstrated surprising independence.

Watch Justice Barrett.

Not all Republican-appointed judges are the same. In Trump v. Anderson (concerning disqualification under Section 3 of the 14th Amendment of four-times-indicted former president Donald Trump), for example, Barrett, along with Justices Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor, criticized the maximalist majority opinion, which held that not only could state courts not determine disqualification but that Congress had to act before any candidate could be disqualified from federal office.

Like the so-called liberal justices, Barrett was disinclined to address “the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced.” The court decided too much, she agreed. Her complaint with the so-called liberal justices was primarily tonal. (“This is not the time to amplify disagreement with stridency.”)

Likewise, in United States v. Texas (considering the stay on enforcement of Texas’s S.B. 4 immigration law ), Barrett, along with Justice Brett M. Kavanaugh, offered the U.S. Court of Appeals for the 5th Circuit an opening to take up the case promptly, which it did, rather than wade into a procedural fight over a stay in a case concerning Texas’s constitutionally suspect law.

As Supreme Court expert Steve Vladeck put it , “The Barrett/Kavanaugh concurrence went out of its way to nudge the Fifth Circuit — noting not only that the Fifth Circuit should be able to rule on the stay pending appeal ‘promptly,’ but that, ‘If a decision does not issue soon, the applicants may return to this Court.’” In essence, Barrett said the Supreme Court would not meddle in a circuit’s administrative business. But if the 5th Circuit actually allowed this constitutional monstrosity to proceed, she would have a different view.

And in Moore v. Harper (the independent state legislature doctrine), Barrett joined in the chief justice’s majority opinion, along with the three Democratic-appointed justices, to bat down the radical notion that state courts have no role in determining alleged violations of state election laws (provided they did “not transgress the ordinary bounds of judicial review”).

Beyond her opinions in high-profile cases, Barrett also sought to repair the court’s reputation damaged by right-wing partisanship. She has started appearing alongside Sotomayor publicly to insist that the court’s ideological combatants are more collegial than they might appear. Perhaps she is.

Barrett is no Sandra Day O’Connor (a true swing justice). Barrett was just as extreme on Roe v. Wade as the other right-wingers. Nevertheless, her efforts to carve an independent niche on the court should not be ignored.

On the other hand, there is no limit to what Justices Alito and Thomas will do.

In contrast to Barrett, no right-wing theory or activist invitation is too wacky for Alito and Thomas to entertain.

During oral argument on Danco Laboratories v. Alliance for Hippocratic Medicine (considering the Food and Drug Administration’s approval of mifepristone), Alito and Thomas took up the right-wing infatuation with the Comstock Act , passed in 1873. Alito, alone among the justices, seemed anxious to speed past the very real “standing” issue to ruminate about a means of banning abortion nationwide.

The Comstock law, which has not been enforced in about a century, bans sending “every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion .” (Also, certainly unconstitutionally, it bans a large category of vaguely defined pornography.) Thomas and Alito seem ready and willing to deploy the law in a way it has never been applied: namely, to states where abortion is otherwise legal, thereby threatening the availability of medical abortions nationwide.

The Post reported , “Some experts and Biden officials fear Alito and Thomas are planning to write a separate opinion focused solely on the Comstock Act, arguing that the law remains viable and providing legal cover to a future administration that seeks to invoke it.” Even if Alito and Thomas do not carry the day, the Hill reported , “access to abortion pills could still very much be at risk if Alito and Thomas succeed in soliciting a Comstock-focused challenge in the future,” abortion rights defenders fear. A future Republican administration might well start trying to employ the law to throw abortion providers in jail.

Fishing for a hook to extrapolate the Dobbs v. Jackson Women’s Health Organization ruling into a nationwide ban on medical abortions epitomizes these justices’ radical disregard for precedent and brazen judicial activism. Indeed, Alito and Thomas increasingly seem like stalking horses for the far-right agenda, be it on guns, abortion or voting.

The Supreme Court’s credibility

Numerous polls show the court’s approval has cratered , likely a function of its ethics scandals, partisan rhetoric and aggressive reversal of precedent. In other words, judicial imperialism and disdain for ethical rules that apply even to members of Congress are unpopular with voters.

Increasingly partisan Thomas and Alito no longer bother to conceal their contempt for ethical restrictions , congressional oversight or judicial temperament . They have repeatedly failed to disclose luxurious gifts (with no sign of remorse) and remain adamant that they will accept no outside oversight.

After a firestorm of protest over financial disclosure lapses, Chief Justice John G. Roberts Jr. released ethical guidelines so weak that they lack an enforcement mechanism. Worse, the guidelines are so porous that they posed no barrier to Thomas sitting on cases involving attempts to overturn the 2020 election that his wife supported.

Unless the rest of the court decides to restrain Thomas and Alito, concerns about ethical lapses and misalignment with contemporary American values will deepen, heightening demands for congressional responses (e.g., mandatory ethics, term limits, court expansion). If that happens, Alito and Thomas will be largely responsible.

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For the sake of all of us, Sonia Sotomayor needs to retire from the US supreme court

She’s been described as the ‘conscience of the supreme court’. That’s why it pains me to write this

F orget Ruth Bader Ginsburg. It is Sonia Sotomayor who is the greatest liberal to sit on the supreme court in my adult lifetime. The first Latina to hold the position of justice, she has blazed a relentlessly progressive trail on the highest bench in the land.

Whether it was her lone dissent in a North Carolina voting rights case in 2016 (“the court’s conclusion … is a fiction”); her ingenious referencing of Ta-Nehisi Coates, James Baldwin and WEB DuBois in another 2016 dissent over unreasonable searches and seizures; or her withering observation at the Dobbs oral argument in 2021 (“Will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts?”), Sotomayor has stood head and shoulders above both her liberal and conservative colleagues on the bench for the past 15 years.

And so it is with good reason that she has been called the “conscience of the supreme court” ( the Nation ), “the truth teller of the supreme court” ( New York Times ) and “the real liberal queen of the court” ( Above the Law ).

I happen to agree 100% with all of those descriptions. But – and it pains me to write these words – I also believe it is time for Sotomayor to retire.

Okay, now it is time to remember Ruth Bader Ginsburg. To recall how RBG, who had survived two bouts of cancer, refused to quit the court despite calls to do so from leading liberals during Barack Obama’s second term office. To hark back to her insistence, in multiple interviews, that it was “ misguided ” to insist she retire and that she would only stand down “ when it’s time ”. To recollect how, on her deathbed in 2020, she told her granddaughter that her “most fervent wish is that I will not be replaced until a new president is installed” – and how it made no difference whatsoever! Donald Trump nominated Amy Coney Barrett as RBG’s replacement just eight days after her death, and Senate Republicans confirmed Barrett to RBG’s vacant seat just eight days before election day.

With Joe Biden trailing Trump in several swing states and Democrats also in danger of losing their razor-thin majority in the Senate, are we really prepared for history to repeat itself? Sotomayor will turn 70 in June. Of course, only Sotomayor knows the full status of her health, still it is public knowledge that she has had type 1 diabetes since she was seven ; had paramedics called to her home ; and is the only sitting justice to have, reportedly , traveled with a medic. To be clear: she could easily – and God willing – survive a potential Trump second term and still be dishing out dissents from the bench come 2029.

But why take that risk? Why not retire now? Why not quit the bench at the same age that justices in Belgium, Australia and Japan are forced to do so?

Let’s deal with the three most obvious objections.

First, wouldn’t a replacement for Sotomayor that Senator Joe Manchin has to approve be less progressive, and more centrist, than our sole Latina, super-progressive justice? Perhaps. But, again, consider the alternative. Would we rather Biden replace Sotomayor with a centrist in 2024 … or Trump replace her with a far-right Federalist Society goon in 2025? Or, what if Trump doesn’t win but the Republican party takes control of the Senate and blocks a second-term Biden from replacing her between 2025 and 2028?

Second, is there really any difference between a 6-3 conservative majority on the court and a 7-2 majority? Isn’t all lost already? Not quite. The damage to our democracy from a 7-2 hard-right court would be on a whole other and existential level. Yes, 6-3 has been a disaster for our progressive priorities ( Dobbs! Bruen! Kennedy! ) but there have also been a handful of key 5-4 victories ( Redistricting ! Razor wire at the border ! Ghost guns !) in cases where Roberts plus one other conservative have come over from the dark side. None of that happens in a 7-2 court. The hard-right conservatives win not just most of the time but every single time.

Third, how can anyone on the left dare ask the first, and only, Latina justice to quit the supreme court?

It’s simple. Women in general, and Latinas especially, will suffer most from a 7-2 supreme court. It is because I am so worried about the future of minority rights in this country that I – reluctantly – want Sotomayor to step aside.

This has nothing to do with her race or her gender. Forget RBG (again). Consider Stephen Breyer. You remember Breyer, right? The bookish and bespectacled liberal justice who quit the supreme court in 2022, at the age of 83, in part because of an intense pressure campaign from the left.

The fact that he was a white man didn’t shield him from criticism – or from calls for him to stand down. In 2021, the progressive group Demand Justice sent a billboard truck to circle the supreme court building with the message: “ Breyer, retire .” I joined in, too. “Retire, retire, retire,” I said in a monologue for my Peacock show in 2021. “Or history may end up judging you, Justice Breyer.”

So why is it okay to pressure Breyer to retire but not Sotomayor? This time round, Demand Justice isn’t taking a position on whether an older liberal justice should quit while a Democratic president and Senate can still replace them and, as HuffPost reports, “on the left, there is little open debate about whether she should retire.”

Democrats, it seems, still don’t seem keen on wielding power or influence over the highest court in the nation. In 2013, Barack Obama met with RBG for lunch and tried to nudge her into retiring, but as the New York Times later reported, Obama “did not directly bring up the subject of retirement to Justice Ginsburg”.

Compare and contrast with Donald Trump. The finance journalist David Enrich, in his book Dark Towers, reveals how the Trump family carried out a “ coordinated White House charm offensive ” to persuade Justice Anthony Kennedy to retire in 2018. Trump himself, according to Vanity Fair , “worked for months to assure Kennedy his legacy would be in good hands”.

The offensive was a success. Out went self-styled moderate Kennedy, in came the hard-right political operative Brett Kavanaugh.

If there is to be a change to the supreme court in 2024, Biden and the Senate majority leader, Chuck Schumer, have only a few months left to make it happen. And yet they don’t seem too bothered about Sotomayor’s age or health. Last week, the White House press secretary, Karine Jean-Pierre, called it “a personal decision for her to make”.

A personal decision? The prospect of a 7-2 conservative supreme court, with a far-right Federalist Soceity apparatchik having taken “liberal queen” Sotomayor’s seat on the bench, should fill us all with dread.

Biden, elected Democrats , and liberals and progressives across the board should be both publicly and privately encouraging Sotomayor to consider what she wants her legacy to be, to remember what happened with RBG, and to not take any kind of gamble with the future of our democracy.

If insanity is doing the same thing again and again and expecting different results, then I’m sorry but a liberal supreme court justice about to enter her 70s and refusing to retire on a Democratic president and Democratic Senate’s watch is nothing short of insane.

Mehdi Hasan is the CEO and editor-in-chief of Zeteo

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Should college essays touch on race? Some feel the affirmative action ruling leaves them no choice

Hillary Amofa listens to others member of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. (AP Photo/Charles Rex Arbogast)

When the Supreme Court ended affirmative action, it left the college essay as one of few places where race can play a role in admissions decisions. (AP Video: Noreen Nasir)

Hillary Amofa listens to others member of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

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Hillary Amofa, laughs as she participates in a team building game with members of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

Hillary Amofa stands for a portrait after practice with members of the Lincoln Park High School step team Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

Max Decker, a senior at Lincoln High School, sits for a portrait in the school library where he often worked on writing his college essays, in Portland, Ore., Wednesday, March 20, 2024. (AP Photo/Amanda Loman)

Hillary Amofa stands for a portrait after practice with members of the Lincoln Park High School step team Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. (AP Photo/Charles Rex Arbogast)

Hillary Amofa, second from left, practices with members of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

Max Decker, a senior at Lincoln High School, stands for a portrait outside of the school in Portland, Ore., Wednesday, March 20, 2024. (AP Photo/Amanda Loman)

*Hillary Amofa, reflected right, practices in a mirror with members of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

Max Decker, a senior at Lincoln High School, sits for a portrait outside of the school in Portland, Ore., Wednesday, March 20, 2024. (AP Photo/Amanda Loman)

Hillary Amofa, left, practices with members of the Lincoln Park High School step team after school Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

Hillary Amofa sits for a portrait after her step team practice at Lincoln Park High School Friday, March 8, 2024, in Chicago. When she started writing her college essay, Amofa told the story she thought admissions offices wanted to hear. She wrote about being the daughter of immigrants from Ghana, about growing up in a small apartment in Chicago. She described hardship and struggle. Then she deleted it all. “I would just find myself kind of trauma-dumping,” said the 18 year-old senior, “And I’m just like, this doesn’t really say anything about me as a person.” (AP Photo/Charles Rex Arbogast)

FILE - Demonstrators protest outside of the Supreme Court in Washington, in this June 29, 2023 file photo, after the Supreme Court struck down affirmative action in college admissions, saying race cannot be a factor. (AP Photo/Jose Luis Magana)

CHICAGO (AP) — When she started writing her college essay, Hillary Amofa told the story she thought admissions offices wanted to hear. About being the daughter of immigrants from Ghana and growing up in a small apartment in Chicago. About hardship and struggle.

Then she deleted it all.

“I would just find myself kind of trauma-dumping,” said the 18-year-old senior at Lincoln Park High School in Chicago. “And I’m just like, this doesn’t really say anything about me as a person.”

When the Supreme Court ended affirmative action in higher education, it left the college essay as one of few places where race can play a role in admissions decisions. For many students of color, instantly more was riding on the already high-stakes writing assignment. Some say they felt pressure to exploit their hardships as they competed for a spot on campus.

Amofa was just starting to think about her essay when the court issued its decision, and it left her with a wave of questions. Could she still write about her race? Could she be penalized for it? She wanted to tell colleges about her heritage but she didn’t want to be defined by it.

In English class, Amofa and her classmates read sample essays that all seemed to focus on some trauma or hardship. It left her with the impression she had to write about her life’s hardest moments to show how far she’d come. But she and some of her classmates wondered if their lives had been hard enough to catch the attention of admissions offices.

“For a lot of students, there’s a feeling of, like, having to go through something so horrible to feel worthy of going to school, which is kind of sad,” said Amofa, the daughter of a hospital technician and an Uber driver.

This year’s senior class is the first in decades to navigate college admissions without affirmative action . The Supreme Court upheld the practice in decisions going back to the 1970s, but this court’s conservative supermajority found it is unconstitutional for colleges to give students extra weight because of their race alone.

Still, the decision left room for race to play an indirect role: Chief Justice John Roberts wrote universities can still consider how an applicant’s life was shaped by their race, “so long as that discussion is concretely tied to a quality of character or unique ability.”

“A benefit to a student who overcame racial discrimination, for example, must be tied to that student’s courage and determination,” he wrote.

Scores of colleges responded with new essay prompts asking about students’ backgrounds. Brown University asked applicants how “an aspect of your growing up has inspired or challenged you.” Rice University asked students how their perspectives were shaped by their “background, experiences, upbringing, and/or racial identity.”

Hillary Amofa, reflected right, practices in a mirror with members of the Lincoln Park High School step team after school, March 8, 2024, in Chicago. (AP Photo/Charles Rex Arbogast)

WONDERING IF SCHOOLS ‘EXPECT A SOB STORY’

When Darrian Merritt started writing his essay, he knew the stakes were higher than ever because of the court’s decision. His first instinct was to write about events that led to him going to live with his grandmother as a child.

Those were painful memories, but he thought they might play well at schools like Yale, Stanford and Vanderbilt.

“I feel like the admissions committee might expect a sob story or a tragic story,” said Merritt, a senior in Cleveland. “And if you don’t provide that, then maybe they’re not going to feel like you went through enough to deserve having a spot at the university. I wrestled with that a lot.”

He wrote drafts focusing on his childhood, but it never amounted to more than a collection of memories. Eventually he abandoned the idea and aimed for an essay that would stand out for its positivity.

Merritt wrote about a summer camp where he started to feel more comfortable in his own skin. He described embracing his personality and defying his tendency to please others. The essay had humor — it centered on a water gun fight where he had victory in sight but, in a comedic twist, slipped and fell. But the essay also reflects on his feelings of not being “Black enough” and getting made fun of for listening to “white people music.”

“I was like, ‘OK, I’m going to write this for me, and we’re just going to see how it goes,’” he said. “It just felt real, and it felt like an honest story.”

The essay describes a breakthrough as he learned “to take ownership of myself and my future by sharing my true personality with the people I encounter. ... I realized that the first chapter of my own story had just been written.”

Max Decker, a senior at Lincoln High School, sits for a portrait in the school library where he often worked on writing his college essays, in Portland, Ore., March 20, 2024. (AP Photo/Amanda Loman)

A RULING PROMPTS PIVOTS ON ESSAY TOPICS

Like many students, Max Decker of Portland, Oregon, had drafted a college essay on one topic, only to change direction after the Supreme Court ruling in June.

Decker initially wrote about his love for video games. In a childhood surrounded by constant change, navigating his parents’ divorce, the games he took from place to place on his Nintendo DS were a source of comfort.

But the essay he submitted to colleges focused on the community he found through Word is Bond, a leadership group for young Black men in Portland.

As the only biracial, Jewish kid with divorced parents in a predominantly white, Christian community, Decker wrote he constantly felt like the odd one out. On a trip with Word is Bond to Capitol Hill, he and friends who looked just like him shook hands with lawmakers. The experience, he wrote, changed how he saw himself.

“It’s because I’m different that I provide something precious to the world, not the other way around,” he wrote.

As a first-generation college student, Decker thought about the subtle ways his peers seemed to know more about navigating the admissions process . They made sure to get into advanced classes at the start of high school, and they knew how to secure glowing letters of recommendation.

Max Decker reads his college essay on his experience with a leadership group for young Black men. (AP Video/Noreen Nasir)

If writing about race would give him a slight edge and show admissions officers a fuller picture of his achievements, he wanted to take that small advantage.

His first memory about race, Decker said, was when he went to get a haircut in elementary school and the barber made rude comments about his curly hair. Until recently, the insecurity that moment created led him to keep his hair buzzed short.

Through Word is Bond, Decker said he found a space to explore his identity as a Black man. It was one of the first times he was surrounded by Black peers and saw Black role models. It filled him with a sense of pride in his identity. No more buzzcut.

The pressure to write about race involved a tradeoff with other important things in his life, Decker said. That included his passion for journalism, like the piece he wrote on efforts to revive a once-thriving Black neighborhood in Portland. In the end, he squeezed in 100 characters about his journalism under the application’s activities section.

“My final essay, it felt true to myself. But the difference between that and my other essay was the fact that it wasn’t the truth that I necessarily wanted to share,” said Decker, whose top college choice is Tulane, in New Orleans, because of the region’s diversity. “It felt like I just had to limit the truth I was sharing to what I feel like the world is expecting of me.”

Demonstrators protest outside of the Supreme Court in Washington, in this June 29, 2023 file photo, after the Supreme Court struck down affirmative action in college admissions, saying race cannot be a factor. (AP Photo/Jose Luis Magana)

SPELLING OUT THE IMPACT OF RACE

Before the Supreme Court ruling, it seemed a given to Imani Laird that colleges would consider the ways that race had touched her life. But now, she felt like she had to spell it out.

As she started her essay, she reflected on how she had faced bias or felt overlooked as a Black student in predominantly white spaces.

There was the year in math class when the teacher kept calling her by the name of another Black student. There were the comments that she’d have an easier time getting into college because she was Black .

“I didn’t have it easier because of my race,” said Laird, a senior at Newton South High School in the Boston suburbs who was accepted at Wellesley and Howard University, and is waiting to hear from several Ivy League colleges. “I had stuff I had to overcome.”

In her final essays, she wrote about her grandfather, who served in the military but was denied access to GI Bill benefits because of his race.

She described how discrimination fueled her ambition to excel and pursue a career in public policy.

“So, I never settled for mediocrity,” she wrote. “Regardless of the subject, my goal in class was not just to participate but to excel. Beyond academics, I wanted to excel while remembering what started this motivation in the first place.”

Hillary Amofa stands for a portrait after practice with members of the Lincoln Park High School step team, March 8, 2024, in Chicago. (AP Photo/Charles Rex Arbogast)

WILL SCHOOLS LOSE RACIAL DIVERSITY?

Amofa used to think affirmative action was only a factor at schools like Harvard and Yale. After the court’s ruling, she was surprised to find that race was taken into account even at some public universities she was applying to.

Now, without affirmative action, she wondered if mostly white schools will become even whiter.

It’s been on her mind as she chooses between Indiana University and the University of Dayton, both of which have relatively few Black students. When she was one of the only Black students in her grade school, she could fall back on her family and Ghanaian friends at church. At college, she worries about loneliness.

“That’s what I’m nervous about,” she said. “Going and just feeling so isolated, even though I’m constantly around people.”

Hillary Amofa reads her college essay on embracing her natural hair. (AP Video/Noreen Nasir)

The first drafts of her essay focused on growing up in a low-income family, sharing a bedroom with her brother and grandmother. But it didn’t tell colleges about who she is now, she said.

Her final essay tells how she came to embrace her natural hair . She wrote about going to a mostly white grade school where classmates made jokes about her afro. When her grandmother sent her back with braids or cornrows, they made fun of those too.

Over time, she ignored their insults and found beauty in the styles worn by women in her life. She now runs a business doing braids and other hairstyles in her neighborhood.

“I stopped seeing myself through the lens of the European traditional beauty standards and started seeing myself through the lens that I created,” Amofa wrote.

“Criticism will persist, but it loses its power when you know there’s a crown on your head!”

Ma reported from Portland, Oregon.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org .

At stake in mifepristone case: abortion, FDA’s authority and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn  Roe v. Wade  returned to the U.S. Supreme Court on Tuesday in pursuit of an urgent priority: shutting down access to abortion pills for women across the country.

The case challenges the FDA’s regulation of mifepristone, a prescription-only drug approved in 2000 with a  stellar safety record  that is used in  63% of all U.S. abortions .

Viewed across decades of anti-abortion activism, the case brought by the Alliance Defending Freedom represents a "moonshot" couched in technical arguments about pharmaceutical oversight and the resuscitation of an 1873 anti-obscenity law. A victory would lay the groundwork for a de facto nationwide abortion ban.

Abortion is illegal  in 14 states , but abortion pills have never been more widely available.

During the COVID-19 pandemic, the FDA suspended — and later formally lifted — the requirement that patients be at a health care facility when taking mifepristone, the first of two pills used in medication abortion. Physicians can now prescribe the drug online through telemedicine and pharmacies can dispense it through the mail.

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"You don’t need to be handed the pill in the office," said Linda Prine, a family medicine physician, sitting on a couch in her Manhattan apartment answering texts and calls from patients about abortion care.

"It’s very effective," she said. "I don’t even have medications that are 98 to 99% effective. Our blood pressure medicines aren’t effective like that."

Prine, a co-founder of the Miscarriage and Abortion Hotline, works with other doctors operating under New York state’s shield law to prescribe and send abortion pills to people across the country. A review of Prine’s call log, stripped of personal information, showed hundreds of requests for pills from Texas, Louisiana, Tennessee, and other states where it is illegal for women to stop a pregnancy.

Anti-abortion groups unsuccessfully petitioned the FDA at least twice before, in  2002  and  2019 , to revoke mifepristone’s approval and curtail its availability. But in November 2022, following its victory in overturning federal abortion rights, the Alliance Defending Freedom filed a federal lawsuit in Amarillo, Texas, claiming the FDA’s safety review of mifepristone was flawed.

U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas, who was appointed by President Donald Trump and openly opposes abortion, ruled  to invalidate the FDA’s approval of mifepristone . An appeals court later said the drug should remain available, but it reinstated restrictions, including prohibitions on telehealth prescriptions and mailing the medication. That ruling was put on hold while the Supreme Court considers the case.

The Biden administration and a manufacturer of mifepristone, Danco Laboratories, have argued in legal filings to the Supreme Court that federal judges do not have the scientific and health expertise to evaluate drug safety and that allowing them to do so undermines the FDA’s regulatory authority.

That view is supported by  food and drug legal scholars  who wrote in court filings that the lower courts had replaced the "FDA’s scientific and medical expertise with the courts’ own interpretations of the scientific evidence." In doing so, they wrote, the courts "upend the drug regulatory scheme established by Congress and implemented by FDA."

In his ruling, Kacsmaryk cited two studies purporting to show an increase in emergency room visits and a greater risk of hospitalizations from medication abortion. They were  retracted in February  by medical publisher Sage Perspectives. The journal said the researchers erred in their methodology and analysis of the data and invalidated the papers "in whole or in part."

The research, supported by the Charlotte Lozier Institute, an anti-abortion group that filed a brief in the mifepristone case, "made claims that were not supported by the data," said Ushma Upadhyay, a professor of reproductive sciences at the University of California-San Francisco.

Legal scholars say the Supreme Court’s conservative justices have demonstrated a willingness to accept discredited abortion-related health claims. Justice Samuel Alito, writing the majority opinion in  Dobbs v. Jackson Women’s Health Organization , which overturned the constitutional right to abortion, cited statements  about harm to maternal health  presented by the state of Mississippi that contradict mainstream medical consensus.

"If this case is successful, it will be because the Supreme Court decided to ignore evidence that demonstrated mifepristone’s safety and said to a federal agency, the expert on drug safety, ‘You were wrong,’" said Rachel Rebouché, dean of Temple University Beasley School of Law.

The ‘politicization of science’

The mifepristone case crystallizes "the politicization of science" in abortion regulation, Rebouché said. "But the stakes are getting higher as we have courts willing to strip federal agencies of their ability to make expert decisions."

Rebouché said that if the Supreme Court overrides the FDA’s expertise in regulating a 24-year-old drug like mifepristone, anti-abortion groups, like Students for Life of America, could find judges  receptive to false claims  that birth control pills, intrauterine devices, emergency contraception, and other forms of hormonal birth control cause abortion. They do not, according to reproductive scientists and U.S. and international regulatory agencies.

Justice Clarence Thomas wrote in his  concurring opinion  in  Dobbs  that the Supreme Court should reconsider the 1965 decision that guaranteed a constitutional right to contraception,  Griswold v. Connecticut , and decide whether to return the power to allow or regulate access to birth control to the states.

Tucked into the Alliance Defending Freedom’s filings is what scholars describe as an audacious legal strategy once on the fringes of the conservative Christian movement: an appeal to the Supreme Court’s conservative members to determine that  the Comstock Act , a dormant 1873 anti-vice law, effectively bans medical and procedural abortion nationwide.

Passed at a time when the federal government did not give women the right to vote and the  prevailing medical literature  summed up women’s sexuality by saying that "the majority of women (happily for them) are not very much troubled with sexual feelings of any kind," the long unenforced law carried a five-year prison sentence for anyone mailing "every article, instrument, substance, drug, medicine or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion."

References to the Comstock Act appear throughout anti-abortion legal filings and rulings: Kacsmaryk wrote that the act "plainly forecloses mail-order abortion in the present";  the 5th Circuit Court of Appeals wrote  if Comstock was "strictly understood" then "there is no public interest in the perpetuation of illegality"; Republican attorneys general  threatened legal action against Walgreens and CVS  last year citing Comstock as did anti-abortion cases in New Mexico and  Texas .

" State attorneys general need to go after and prosecute those who are illegally mailing abortion drugs into their state," said Kristan Hawkins, president of Students for Life of America.

"It’s very simple. If your state has passed a law saying that preborn human beings deserve, at the very minimum, the right not to be starved and killed," she said, "then those who are committing those crimes and violating the federal Comstock Act by shipping chemical abortion pills over state lines, there should be consequences."

Tracking abortion pills by mail is difficult — and that’s the point, Rebouché said.

"These more diffuse and mobile ways to terminate a pregnancy," she said, "really threaten the control that anti-abortion advocates seek to exercise over who and where and how someone can seek an abortion." This story was republished from KFF Health News.

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Jamelle Bouie

The Supreme Court Is Playing a Dangerous Game

By Jamelle Bouie

Opinion Columnist

If the chief currency of the Supreme Court is its legitimacy as an institution, then you can say with confidence that its account is as close to empty as it has been for a very long time.

Since the court’s decision in Dobbs v. Jackson Women’s Health Organization nearly two years ago, its general approval with the public has taken a plunge. As recently as the last presidential election year, according to the Pew Research Center , 70 percent of Americans said they had a favorable view of the court. In the wake of Dobbs, that number dipped to 44 percent. Twenty-four percent of Democrats, according to Pew, said they approved of the Supreme Court.

In the latest 538 average , just over 52 percent of Americans disapproved of the Supreme Court, and around 40 percent approved.

Does the court know about its precipitous decline with much of the public? It’s hard to say. It’s easier to answer a related question: Does it care? If the recent actions of the conservative majority are any indication, the answer is no.

Over the past month, members of that majority have effectively rewritten the 14th Amendment to functionally shield Donald Trump from the constitutional consequences of his actions leading up to and on Jan. 6. They have taken up the former president’s tendentious argument that he is immune to criminal prosecution for all actions taken while in office — postponing a trial and potentially denying the public the right to know, before we go to the polls in November, whether he is a criminal in the eyes of the law.

Most recently, the court allowed the State of Texas, governed by a cadre of some of the most reactionary conservatives in the country, to carry out its own immigration policy in contravention of both federal officials and the general precedent that it’s the national government that handles the national border, not the states.

It is enough to make teachers and practitioners of constitutional law wonder, as my colleague Jesse Wegman noted last month , whether there’s any reason to play the table as though it were still on the level — to continue to treat the court as if it were anything other than a partisan political institution.

Here I want to raise an additional point. It’s not just the recent actions of the Supreme Court — including the corrupt conduct of some of its members — that jeopardize its legitimacy and political standing but also the circumstances under which this particular court majority came into being.

There is no way to look past the fact that five of the six members of the conservative majority on the Roberts court were nominated by presidents who entered office without the winds of a popular majority. John Roberts and Samuel Alito, the author of Dobbs, were placed on the court by George W. Bush, who entered office short of a popular vote win and on the strength of a contested Electoral College victory. The other three — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — were nominated by Trump, who lost the national popular vote by more than two million ballots in 2016.

The three Trump justices bring additional baggage. Each one was nominated and confirmed in a show of partisan power politics. Gorsuch was the direct beneficiary of Senator Mitch McConnell’s blockade of the seat held by Justice Antonin Scalia, who died early in 2016. Republicans, led by McConnell, then the Senate majority leader, refused to give President Barack Obama’s nominee, Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit, a hearing in the Senate Judiciary Committee. It was the first time the Senate had simply ignored a president’s nominee for the Supreme Court.

Kavanaugh was confirmed by a narrow vote of 50 to 48 (with one abstention and one absence) in the face of a credible accusation of sexual assault. Barrett was confirmed in flagrant violation of McConnell’s own rule for Supreme Court nominations. To block Garland, McConnell said that it was too close to an election to move forward; to confirm Barrett, McConnell said that it was too close to an election to wait.

There is no question that the Supreme Court’s ruling in Dobbs was the catalyst for its poor standing with the public. But the Dobbs majority owes itself to a garish Republican partisanship that almost certainly worked to weaken the political ground on which it stood in relation to the American people.

At the risk of sounding a little dramatic, you can draw a useful comparison between the Supreme Court’s current political position and the one it held on the eve of the 1860 presidential election.

It was not just the ruling itself that drove the ferocious opposition to the Supreme Court’s decision in Dred Scott v. Sandford, which overturned the Missouri Compromise and wrote Black Americans out of the national community; it was the political entanglement of the Taney court with the slaveholding interests of the antebellum Democratic Party.

Six of the seven justices in the majority were Democratic appointments. The one who wasn’t, Samuel Nelson, was nominated by John Tyler, who was a Democrat before running on the Whig ticket with William Henry Harrison. Five of the justices were appointed by slave owners. At the time of the ruling, four of the justices were slave owners. And the chief justice, Roger Taney, was a strong Democratic partisan who was in close communication with James Buchanan, the incoming Democratic president, in the weeks before he issued the court’s ruling in 1857. Buchanan, in fact, had written to some of the justices urging them to issue a broad and comprehensive ruling that would settle the legal status of all Black Americans.

The Supreme Court, critics of the ruling said, was not trying to faithfully interpret the Constitution as much as it was acting on behalf of the so-called Slave Power, an alleged conspiracy of interests determined to take slavery national. The court, wrote a committee of the New York State Assembly in its report on the Dred Scott decision, was determined to “bring slavery within our borders, against our will, with all its unhallowed, demoralizing and blighted influences.”

The Supreme Court did not have the political legitimacy to issue a ruling as broad and potentially far-reaching as Dred Scott, and the result was to mobilize a large segment of the public against the court. Abraham Lincoln spoke for many in his first inaugural address when he took aim at the pretense of the Taney court to decide for the nation: “The candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers.”

As much as ours is a dire moment for the future of the American republic, we can at least rest assured that we aren’t living through 1857 or 1860 or 1861. Santayana notwithstanding, history does not actually repeat itself. But this Supreme Court — the Roberts court — is playing its own version of the dangerous game that brought the Taney court to ruin. It is acting as if the public must obey its dictates. It is acting as if its legitimacy is incidental to its power. It is acting as if it cannot be touched or brought to heel.

The Supreme Court is making a bet, in other words, that it is truly unaccountable.

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Jamelle Bouie became a New York Times Opinion columnist in 2019. Before that he was the chief political correspondent for Slate magazine. He is based in Charlottesville, Va., and Washington. @ jbouie

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