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PLSC 2001, Law & Politics
Law & Politics Research Assignment, Winter 2018
This assignment involves analysis of a recent case decided by the US Supreme Court. Research and discussion will cover the following: basic legal facts; analysis of factors that affected or potentially affected the legal processes and decisions in this case; and effects or potential effects of this case, both as precedent in guiding future legal decisions as well as in terms of influencing public policy and political/social/economic outcomes more generally.
In terms of general guidelines, your focus should be on presenting in as specific a manner as possible the information and evidence required by the assignment. This means that you should be writing to document what you have learned in the process of researching and analyzing the selected case rather than writing to fulfill a page length requirement. The information will vary depending on the case you choose to analyze. Note that the case facts (items listed in section A, below) can be listed in outline format; the remainder should be written out in essay format. Overall, expect the paper to be about 6-10 single-spaced pages in length. A basic rubric to guide your completion of the assignment appears at the end of this document.
This assignment is due to Canvas no later than 2:00 pm on Tuesday, 6 March 2018.
Selecting a case
You should select a recent case that focuses on an issue that appears interesting to you. While you are not limited to a particular timeframe for case selection, in general you should look to a case decided by the US Supreme Court sometime in the past 30 years. Cases currently before the US Supreme Court but not yet decided should not be selected for purposes of this assignment.
There are numerous possibilities. See Appendix A for links to listings and articles highlighting important cases, and to sources of good information in tracking the US Supreme Court.
Assignment Requirements
A. Case facts
1. Title of case (including year decided)
2. Facts of the case: who, what, where, when, why. For example:
Who were the parties involved in the case?
When and where did the case take place?
What events led up to the case going before the Supreme Court?
3. Lower court verdict
What court or courts heard this case before the U.S. Supreme Court? Name each court and verdict
4. Petition before the Supreme Court
What were the arguments for the plaintiff?
What were the arguments for the defendant?
5. Relief sought: What the plaintiff really wanted was… in plain English what outcome did the plaintiff desire?
6. What is the constitutional issue involved in the case?
7. Majority decision of the Court
What was the Supreme Court vote in the majority?
What date for the majority decision?
Which justices voted for the majority?
Who wrote the majority decision?
Describe/explain the majority opinion. On what basis did the majority base its opinion?
8. Any concurrent opinions? By whom?
How are the concurrent opinions different from the majority opinion?
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9. Additional/Dissenting opinion(s):
What was the Supreme Court vote in the dissent?
Which justice wrote the opinion for the dissent?
Describe the dissenting opinion
Were there any concurrent opinions written by whom?
How are the concurrent opinions different from the majority opinion?
B. What Influenced the Development and Decision in this Case?
1. Assessing background factors affecting case development and interpretation. The study of law and politics takes us beyond the legal facts of a case, and beyond the internal legal elements of a court opinion. Although it is difficult to find clear and definitive answers to questions posed by an analysis of the politics surrounding a case, the questions themselves are important and merit investigation.
The basic question you should consider here is what seemed most important in terms of influencing how this case developed and was decided by the US Supreme Court. Why did this case arise when it did? What were the chief precipitants to the formation of a legal challenge? You do not need to consider every possible factor. Your job instead is to identify and investigate what you consider to be among the most important influences, specifically addressing several of the possibilities discussed below (at least three).
You might want to approach this as an argument: “While there are many variables affecting the rise, development and decisions in legal cases, three especially significant factors in this case appear to be X, Y and Z… and here is why.” In other words, select out several factors that you think might have had an effect on the case, investigate those, and back up your claim that these had an important effect on the development of the case.
Possible influences to consider include, but are not limited to:
Background norms and values, which might be stable or undergoing change
Level of public interest, as evidenced by discussion in the mainstream news or by opinion leaders, or by comparison with other issues of interest (such as top-of-the-news coverage or back page reporting)
Public opinion measures, including levels, changes and trends
Specific events or series of events drawing focused attention
Data used to demonstrate the importance of an issue (trends, numbers affected, breadth and depth of threats, measures of the seriousness of the issue)
Competing political party interpretations, priorities or divisions
Interest group activity, which might be involved in a variety of ways including by communicating the importance of an issue or position to the public as well as to decision makers, and supporting the advancement of a test case in the courts
Demographic cohesion or divide, considering to what extent interest and /or opinions on the issues at stake vary by demographic characteristics of the population (such as age, gender, race, ethnicity)
Geographic unity or divide, considering whether the issues can be described by geographic location (such as focusing on urban/rural, coastal, Western, Southern or other geographic dividers)
Cultural or religious values or forces
We should expect interaction among the many influences, but do your best to single out specific factors that seem particularly important. Do your best as well to track down evidence to support your interpretation. Evidence might include news accounts (including what kinds of news sources were covering the story/issues and the amount of coverage); public opinion polling data (including how different demographic groups interpret the issues); objective information (such as scientific reports or statistical analyses) being reported on the relative significance of the underlying concerns; quotes from political leaders; and so on.
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2. Assessing factors affecting judicial decision-making. What seemed to/might have influenced the arguments and eventual court opinion? In other words, what considerations other than strictly legal considerations contributed to the reasoning and holding of the court? One really cannot specifically identify what actually influenced judicial decisions. However, we recognize that a reading of the law leaves plenty of room for disagreement and competing perspectives.
Consider the importance of different categories of variables in explaining or predicting judicial decisions – including personal preferences, legal factors, case characteristics, institutional arrangements, and environmental characteristics. See Table 9.3 in the Banks & O’Brien text for an overview of these variable categories. Which of these appear to have influenced the decision in the particular case under review?
Be sure to provide support for your findings. Evidence might be sought in case arguments or opinions, for example. We might also look to characteristics and the individual histories of the Justices, current events, court experience, information from the broader public context (such as news coverage or public opinion reports), and so on.
C. Case Effects: Assessing the significance of this case on legal, public policy and political/social/economic outcomes
1. What are the results of this US Supreme Court decision? As the highest court of the land, US Supreme Court decisions are all considered consequential. However, not all decisions result in major change. In this section your task is to consider a range of effects.
Many effects take long periods of time to emerge and new circumstances to arise. Thus, we cannot know all of the results of a US Supreme Court decision. In carrying out this assessment, consider and discuss all of the following to the best of your ability, recognizing that interpretations of the case under review will continue to evolve through more experience:
Historical significance: At least some cases have immense impact on subsequent historical developments. For example, the Dred Scott (1857) decision of the U.S. Supreme Court, upholding the notion of slaves as property, was one of the precipitants of the Civil War. To what extent does this case appear to be one that significantly changes the course of American political, social and economic conditions? Or will the changes be more focused and narrowly applied?
Policy implications: Some cases force the adoption of major policy changes in order to comply with the ruling. For example, the Miranda (1966) decision requiring the provision of a warning of the right to remain silent to people being arrested changed police policy nationwide. Have specific rules been adopted or changed as a result of this decision? In responding, be sure to identify who, what, where and other details of policy rules changes. For example, were states required to change their rules and procedures? Were new rules enforced at the local level? Did the court decision require national policy changes in particular programs or departments?
Political implications: Did the case settle the underlying political disagreement? Have those who “lost” the case accepted the outcome? To what extent do the underlying issues addressed by the court continue to animate debate, discussion and political competition? For example, the case of Citizens United v. FEC (2010) removed restrictions placed on corporations to engage in independent election-related communications, based on the free speech clause of the First Amendment. The court’s decision changed the election-related policy but it did not erase the deep-seated political disagreement. The decision has remained controversial and activates much ongoing political debate.
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Unintended consequences: In an adversarial court system, most cases result in winners and losers. Moreover, court cases focus on the facts of the case and controversy and are not ultimately responsible for evaluating broad public policy ramifications. Thus, the resolution of a case may result in changes that alter rules for all – with a variety of unexpected political, social or economic costs that weren’t fully anticipated at the time of decision. What unintended results or costs might have come to light or might potentially emerge over time with respect to the decision made in this case?
2. Your own views of the case. Did the US Supreme Court get it right? Do you think the court’s ruling was good or bad, ethically and morally justifiable, or not?
Things to consider in asserting your own views:
Asserting your own views opens the discussion to subjective evaluation over matters of beliefs and values. Your goal here is not to try to “win” a debate determining the “right way” to view the world. Instead, your task is to clearly explain the bases for your own views. There are many issues over which people divide and disagree. For example, Americans are sharply divided on whether the Roe v. Wade (1973) decision, striking down laws prohibiting abortion, was a good or bad decision. What do you think about the court’s decision in the case you examined?
Explain the reasons for your position. Note that your position, reasons and arguments may be at least partially drawn from and mirroring those stated in case documents. You may, for example, completely endorse the Supreme Court’s decision. However, this discussion should be written in your own words.
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Appendix A: Selecting & Researching US Supreme Court Cases
Selecting a case
In general you should plan on selecting a US Supreme Court case decided sometime in the past 30 years or so and considered important in legal and/or policy terms. You may select a case of interest however you like. The links that follow provide listings of cases that many consider important, but you are not limited to these.
https://www.nytimes.com/interactive/2015/us/major-supreme-court-cases-in-2015.html
https://www.nytimes.com/interactive/2014/06/19/us/major-supreme-court-decisions-in-2014.html
https://www.theatlantic.com/magazine/archive/2013/05/the-big-question/309290/
http://www.nytimes.com/interactive/2013/06/28/us/major-rulings-of-the-2012-13-term.html
https://www.csmonitor.com/USA/Justice/2012/0323/US-Supreme-Court-Big-21st-century-rulings/Bush-v.-Gore-2000
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/landmarkvotes.html
http://caselaw.findlaw.com/court/us-supreme-court/years#casesearch2
https://insurancenewsnet.com/oarticle/supreme-court-cases-biggest-rulings-to-shape-the-21st-century-2#.WlpY-KinHIU
Researching US Supreme Court decisions:
SCOTUSblog (http://www.scotusblog.com/) – considered by many to be the most accessible and comprehensive information source on recent Supreme Court cases (founded in 2002). The blog provides unbiased information from a large set of legal experts. Reporting generally occurs three times per case: before argument to provide background information, after argument, and after the decision. The blog also notes all of the petitions and briefs that raise legal and interesting questions, with additional coverage to petitions considered especially important.
Oyez (https://www.oyez.org/) – Oyez (pronounced ‘oh-yay’) is a project sponsored by Cornell’s Legal Information Institute (LII), Chicago-Kent College of Law and Justia.com as a free and publically-accessible multimedia archive to US Supreme Court audio files (since installation of a recording system in 1955). In addition to searchable audio, Oyez offers plain-English case summaries, decision information, court opinions and detailed information on justices.
US Supreme Court (www.supremecourt.gov/) – Direct access to the court’s documents, both current and historic (cases from the 1991 term to the present), as well as current schedules, information on the justices, and other information pertinent to tracking current cases.
Interest group information – Note that depending on the particular case and issues raised, numerous special interest groups will provide their own interpretation and arguments that are often helpful in interpreting and evaluating legal issues. However, it is also the case that special interest groups are interested in advancing a particular set of interests and are thus seen as biased in presenting the issues. Thus, it is helpful to review the information available, but be aware of selective interpretation.
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Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of Full and proper citation of information sourcesinformation sourcesinformation sourcesinformation sources information sourcesinformation sourcesinformation sourcesinformation sourcesinformation sources information sources information sourcesinformation sources
Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used.Be sure to provide a bibliographic listing of all sources used. Be sure to provide a bibliographic listing of all sources used. Several reference styles are acceptable (e.g., APSA, APA, Chicago, MLA, Turabian); strive for consistency and clarity. The APSA (American Political Science Review) “Style Manual for Political Science” is available for your use in the class Canvas “assignments” folder.
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Excellent writingExcellent writingExcellent writing Excellent writingExcellent writingExcellent writing Excellent writingExcellent writingExcellent writing Excellent writingExcellent writingExcellent writing
A wellA well A well A well-written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, written paper includes attention to editing details, including good grammar, spelling, senincluding good grammar, spelling, sen including good grammar, spelling, senincluding good grammar, spelling, sen including good grammar, spelling, sen including good grammar, spelling, sen including good grammar, spelling, sen including good grammar, spelling, senincluding good grammar, spelling, senincluding good grammar, spelling, senincluding good grammar, spelling, senincluding good grammar, spelling, sen including good grammar, spelling, sen including good grammar, spelling, senincluding good grammar, spelling, senincluding good grammar, spelling, senincluding good grammar, spelling, sen including good grammar, spelling, sen including good grammar, spelling, sentence and paragraph tence and paragraph tence and paragraph tence and paragraph tence and paragraph tence and paragraph tence and paragraph tence and paragraph tence and paragraph structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance. structure and appearance.
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