Supreme Ct. 9-20

Supreme Ct. 9-20 - What are the factors that affect the...

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What are the factors that affect the justices’ decisions on the merits? Two broad catergories o Legal explanations “Law governs decision making” (Justices wouldn’t have discretion to determine how a case should be decided, but should look for certain legal factors to apply to the case o Extra-legal explanations Factors that are outside of the legal realm Legal Explanations o Original intent: what did those who wrote a particular provision of the constitution intend to come from the law. Judges should follow the purpose of the law Test: compare justices with different views—does the justice who advocates original intent follow it more often than the justice who doesn’t advocate it? Chief Justice Rehnquist, supported original intent-should use it more often Justice Brennan, opposed original intent-should use it less often Testing Original Intent o What should happen? Brennan and Rehnquist should use different Constitutional arguments
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This note was uploaded on 09/22/2008 for the course POLO 202 taught by Professor Mcguire during the Spring '08 term at UNC.

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Supreme Ct. 9-20 - What are the factors that affect the...

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