Culture War & Supreme Court

By: Talha Zubair

Epperson V. Arkansas

Issue:

Susan Epperson, a biology teacher at Little Rock High School was seeking nullification of the Arkansas statute, which prohibited the teaching Evalution. She was fired from her teaching duty for violation the law by teaching Evalution. She then filed the lawsuit in 1968 in Chancery Court Pulaski county.

The rights Involved:

Prohibiting the teaching of Evolution violates the Establishment Clause of the first Amendment to United States constitution which guarantees citizen freedom of religion and speech without any interference from the state.

Impact:

The Supreme Court unanimously ruled that Arkansas Statute, that prohibited the teaching of Evolution, is unconstitutional because it violates the first Amendment. Therefore, Pubic school are allowed to teach Evolution in USA. The court also said that prohibiting the teaching of Evolution is protecting a particular religious view, which is also unconstitutional in public schools.

Historical Significance:

The historical significance of Epperson V. Arkansas case is that, the government should not favor one religion over another because of the first Amendment.

United States V. Windsor

Issue: Edith Windsor and Thea Spyer were Same sex married couple. When Thea died, she left all her estate for Edith. When Edith tried to claim the estate tax exemption, she was dined because of the same sex marriage. She was force to pay $363,053 worth of estate taxes. On November 9 2010, Edith filed a lawsuit asking for refund by saying that Section 3 of the Defense act of Marriage, which does not recognize her marriage as "spouses", is unconstitutional.

The right Involved:

Treating homosexual marriage differently then the normal marriages, violates Due Process Clause of fifth Amendment which protects unfair treatment to the legal matters.

Impact:

In a 5-4 Supreme Court decision, Section 3 of the Defense act if Marriage, was found unconstitutional. Both marriages equal protection from the law and one was not favored by the government.

Historical Significance:

Gay marriage couples are eligible for estate tax exemption and are treated just like normal marriage under law.

Roe V. Wade

Issue:

Roe argued that all women should have the right to get an abortion. Laws restricting abortion are unconstitutional.

The Rights Involve:

Laws that restrict abortion violates the right to privacy and the concept of personal Liberty under due process of 14th Amendment.

Impact:

In a 7-2 ruling, the Supreme Court ruled that no laws made by state should be able to restrict abortion because it violates the due process of 14th Amendment and therefore it's unconstitutional.

Historical Significance:

The historical significance of this case is that government cannot restrict a woman from getting an abortion. If a woman gets pregnant without planning and if she thinks that she is not ready for a child or if she cannot afford one, no laws can restrict her from getting abortion.

Philips V. Martin Marietta Corp.

Issue:

Martin Marietta Corporation had a policy which would not allow them to hire a woman with a child or children in pre-school or younger. Philips applied for job but she was denied because if this policy. She filed a Lawsuit against discrimotory and said this was unconstitutional.

The Rights Involve:

By not hiring women with pre-school child but hiring men with same situation, Martin Marietta had violated Title VII of the Civil Rights Act of 1964. This act say a corporation cannot deny an applicant with qualifications because of their sex.

Impact:

The court ruled that it is unlawful under Civil Rights Act of 1964 to discriminate man and woman when hiring the employe. If a man and a woman have same qualifications, had should be equals no matter what.

Historical Significance:

This was the first sex discrimination case under Title VII to reach the Supreme Court. This was the first step in women being equal to men.

Two likely Vacancies on the court after the 2016 Election

Ruth Bader Ginsburg
Big image

Second Justice

Stephen Breyer
Big image

Supreme Court Shift if the Justices Retire.

Stephen Breyer and Ruth Bader Ginsburg are both liberal judges. Right now the ratio of conservative and liberal justices is at 5-4 with conservative having the advantage. If Breyer and Ginsburg retire in 2016, chances are good that at least one of them will be replaced by a conservative; this would give conservatives 6-3 advantage or maybe even 7-2 if both are replaced by conservatives. In 2016, if a Republican president wins the election and these two justices retire, the President will defiantly nominate conservative judges to replace Ginsburg and Breyer. This would be a disaster for the liberals, the court would shift in extremely conservative direction.

Culture War in America

Culture war in America is the conflict between liberals and conservatives values. The laws are made based on the values American give to certain things. Sometimes these laws fall in favor of either conservative or the liberals. When one side does not agree with the law and think its unconstitutional, they try to take it to the court and reverse the law.