POLSCI 389 Lecture Notes - Lecture 1: Patient Protection And Affordable Care Act, Roberts Court, The Roots
Document Summary
Three elements to a cohesive legal argument: text, history, purpose. Liberals v conservatives and how they read the constitution. Voting rights shelby county vs. holder (2013), the court struck down, 5-4, a provision of the. Voting rights act of 1965 that required particular state and local governments to go through federal preclearance process prior to changing its election laws because the out dated preclearance formula violated principles of federalism and equal dignity. Gay rights in obergefell v. hoges (2015), the court held, 5-4, that the 14h amendment recognized same-sex marriage in all 50 states. Notably obergefell found that gay marriage bans violated the equal dignity of same-sex couples. Abortion rights in whole women"s heath v. hellerstedt (2016), the court held, 5-3, that laws requiring abortion providers to satisfy so-called admitting privilege and surgical standards requirements imposed an undue burden on a women"s ability to seek an abortion.