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Supreme Ct. 11-20

Supreme Ct. 11-20 - 1 What are the factors that govern...

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1. What are the factors that govern implementation of Supreme Court policy? a. Clarity of a decision i. Determined by: Court’s explicitness 1. Decisions are written vaguely to secure support of wavering justices a. But, frustrates effective implementation 2. For ex., Planned Parenthood v. Casey (1992) a. Justice Kennedy undecided about abortion i. Considered voting to overturn Roe v. Wade ii. O’Connor & Souter want to modify Roe b. Vagueness in Planned Parenthood v. Casey (1992) i. Drop abortion as “fundamental right” 1. Replace it with more moderate “undue burden” standard c. Attitudes of Implementers i. Disagreement produces resistance 1. Occurs in both permissive and restrictive policies 2. Permissive decisions a. Decisions that permit certain behaviors b. Are relevant actors doing what the court says they can? 3. Restrictive decisions a. Decisions d. What determines implementation of Supreme Court policy? i. Attitudes of implementers
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1. Permissive decisions a. For ex., Roe v. Wade (1973) i.
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