Culture War and the Supreme Court

Kassidy Cragg

U.S. v. Windsor

Prohibited the 1996 defense of marriage act, which had prohibited federal recognition of same sex marriage. Although states determine the legality of same sex marriages, it seems to me that this decision goes a long way in granting recognition of the civil rights of gay citizens in the U.S. I believe that gay marriage should be each individuals decision, they should be able to choose their lifestyle and no one should tell them what they can and can't do with their life. If they love someone that is the same sex who cares, at least they found love and can be happy that way.

Citizens United v. FEC

Prohibited restrictions on campaign spending by corporations in a 5-4 decision that vastly weakened campaign finance laws. The dissenting opinion was written by Justice Stevens, who said "a democracy can't function effectively when it's constituent members believe laws are being bought and sold." In the case, the conservative lobbying group Citizens united wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts in apparent violation of the 2002 Bipartisan Campaign reform act.

Roe v. Wade

Legalized abortion, extending recognition of women's rights and the right to privacy. In terms of Cultural effects, Roe was also more politically polarizing than almost any supreme court decision, intensifying the divide between left and right. I don't agree with abortion at all but I think any women should be allowed to make that decision herself. people say that the abortion before the fetus gets to be big but if a women is pregnant at all than it is a living life inside of her. And if a women is murdered while she's pregnant, even just 6 weeks, it's called a double homicide; this is because no matter the size, it's still a living human.

Brown v. Board of Education

Is the race-based segregation of children into “separate but equal” public schools constitutional? This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms.

Supreme Court possibilities if Romney is elected

Judge Janice Rogers Brown, U.S. Court of Appeals, D.C. Circuit

Born 1949. Former California Supreme Court justice, who was among the first African-Americans appointed to that bench. Regarded as a strong reliable conservative in GOP circles. Her father was a sharecropper and she attended segregated schools before moving to Sacramento. She worked in the state attorney general's office, was Gov. Pete Wilson's legal secretary, and a state appeals judge. A former liberal and considered iconoclastic with strong religious convictions. Her nomination to the federal appeals court for the D.C. Circuit was held up by partisan wrangling. That and her age would be factors against high court consideration.

Supreme Court possibilities if Obama is reelected

Judge Paul Watford, 9th Circuit U.S. Court of Appeals, San Francisco

Born 1967. His age and race (African-American) have made him a favorite among some liberal court watchers. Named to the appeals court in 2012. Clerked for conservative Judge Alex Kozinski on the 9th Circuit, and later for liberal Justice Ruth Bader Ginsburg. A former federal prosecutor and law firm partner. Supporters call him an ideological moderate, which may not sit well with progressives seeking a stronger left-leaning voice.


"Ultimately, that's actually not what Americans want. We don't want judges that are going to vote their interest group. We want judges who are going to vote with the Constitution: what they think is the correct legal and constitutional result. And that is what Governor Romney has been emphasizing," Severino said.

Conclusion

My understanding of the Culture War is that it will always be that way. Its impossible to please everyone no matter what because everyone has different views on what they think is right and wrong. Nothing will appeal to everyone.