The Obergefell Case Summary

Great Essays
According to Katz (par. 3), the Supreme Tribunal joined the case together with the others and agreed to review them. The briefing was set to come to a close in April this year. The other lawsuits involved the Tennessee, Kentucky, and Michigan. The court advised the parties in the cases to present their arguments, according to the questions concerning the Amendment. The Obergefell’s lawsuit was mainly directed towards the violation of the Fourteenth Act. The oral arguments in the case were presented on April 28th. The couple’s lawyers were Mary Bonauto, U.S Solicitor Don Verrilli, and an attorney Hallward-Driemeier. The state defendants were Joseph Whalen and the ex-Solicitor General Bursch. During the process, the questions raised by the judges indicated a split along their ideological lines. Their final verdict is …show more content…
Dahl shows clearly that the ruling regime is the primary contributor to the decision-making process. He advocates for an institutional method to prevent the interference of the counter majoritarian perspective. The Supreme Court must express sincere preferences when making a verdict in this case because it has the power to bring chaos in the country. However, it is clear from the studies and images provided in this paper that the judges in the Supreme Tribunal use the ruling regime theory. They adjust their outcomes based on the responses of the government. In the Obergefell case, the court should exercise the constitutional laws of a democratic system while avoiding the whims of the majority. The court must play the essential role of a protector of the constitutional rights. The efforts will probably result in a difference in opinions from the law enforcers in the case, but it is the only way to practice democracy. (Katz, par. 4). The table below shows the levels of overrides following the political influence on

Related Documents

  • Improved Essays

    My Supreme Court case takes place from the year of 2002-2008. This case is the case of D.C. V. Heller. The case of D.C. V. Heller is about hand gun and riffle ownership. The situation or background of the case is that hand gun and riffles were not taken and guns were not able to be used unless it was for military purposes.…

    • 267 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The case of Obergefell v. Hodges was a crucial case that made same-sex marriage legal. It was a major case that stood for the ever changing times this era is going through. This case impacted everyone and changed many lives. To fully understand how this case came to be requires the person to look back to other cases that might have influenced the ruling. Obergefell v. Hodges was a case that required the judges to look back at the past, and other cases that related to the concept of this one.…

    • 1650 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    King v. Burwell, if you are not familiar with this Supreme court case you may be wondering “why is it even important?”. This case deals with state and federal powers given by three sections of the PPACA & one IRS clarification. This case is important for several reasons, The first is according to obamacarefacts.com up to an estimated 8 million Americans using HealthCare. Gov could lose their subsidies. If this case was ruled in King's favor many speculate that it could have “destroyed Obama Care from the inside out”~ Fox news reporter.…

    • 581 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Throughout the mid-18th century, the Dred Scott Supreme Court decision became a key contributing factor in the separation between the Union and Confederacy going into the American Civil War. With the conflict of proslavery and antislavery groups fighting for new states, this choice became a debated topic within the detached United States for the effect it had in the slavery legal and economic system. Riots transpired and differences between political leaders and Court justices arose as the decision was made. Historical documents, like the Missouri Compromise of 1820 and the U.S. Constitution, were used within this court case by Chief Justice Roger Taney to lead towards the defeat of Scott.…

    • 1442 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Obergefell vs Hodges June 26, 2015. The United States Supreme Court finalized the case known as Obergefell vs Hodges. The case involved a decades long battle between states and people on weather or not gay marriage should be legalized. Same-sex couples, and other advocates of same-sex marriage sued their state marriage agencies in Ohio, Michigan, Kentucky, and Tennessee on weather or not their right to refuse same-sex marriage was violating the 14th Amendment, which addresses many parts of the right of US Citizens. [ Obergefell v. Hodges.…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The Supreme Court Ruling in Brown V.Board Of Education in 1954 was the most important in giving the Civil Rights Movement momentum. To identify how good is a country, you should check what does the country do to the new generation. Not every single child that receives education will become a useful person, but no education will cause public problem, which is the crime rate goes up. Everyone wants to be a good person. But when they are getting treated differently, or bullied every day.…

    • 166 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Mccleskey Court Case

    • 498 Words
    • 2 Pages

    The issues started when McCleskey, an African American, was convicted of two charges of robbery and one charge of murder and was sentenced to the death penalty. These actions were taken on the account of McCleskey robbing a furniture store in Atlanta, Georgia and murdering a Caucasian police officer in the process, by shooting him with a gun. Later witnesses brought in the gun he used, and one of the bullets that were fired that night. The jury did find him guilty and charged him for the things he did. McCleskey tried to defend himself in court by stating that they were violating the eighth and fourteenth amendment, which both explain things about equal protection rights, and cruel and harsh punishments, given to those who are tired.…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The case was appealed by the United States Court of Appeals for the Sixth Circuit. There were a lot of same sex couples that had sued their state agencies in their home states to challenge the states bans on same sex marriage or to have same sex marriage available the way hetero marriage is available. The plaintiffs argued that the “states’ statutes violated the Equal Protection Clause and Due Process…

    • 1035 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    This assessment of the political nature of the Supreme Court summarized by Robert Dahl can be traced back to the roots in which Supreme Court justices gain their position on the highest court within the United States. In modern United States history in order to be considered a viable candidate to hold one of the nine positions on the court the candidate must have been appointed as federal judge or lawyer and typically hold the same ideology to the same political party as the Commander in Chief. The President of the United States holds the authority to nominate candidates for all federal judgeships across the government. Typically, federal judges are selected from a poll of candidates from state courts which hold well-respected positions and…

    • 241 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    In every community, there is a set of rules to follow, which is found in the code of the street. The Code of the Street, according to the book, “Code of the Street: Decency, Violence, and the Moral Life of the Inner City” by Elijah Anderson, explains more what the code of the street is and why people do things a certain way by saying, “This is because the street culture has evolved a “code of the street” which amounts to a set of informal rules governing interpersonal public behavior. (pg.33).” While the Code of the Street can be seen as a list of rules, it is a lifestyle and a set example of how to do things. One part of the Code of the street is no snitching.…

    • 2061 Words
    • 9 Pages
    Great Essays
  • Superior Essays

    Is it fair for a Supreme Court Justice to follow public opinion instead of seeing the case through the law? Originally Africans were captured and taken to the United States by the Dutch in 1619. During the next couple of decades, more Africans and Caucasians were brought as apprentices and indentured servants to become free after their time was served. As time passed the Africans were no longer indentured servants, but rather moved down the socioeconomic scale around the 1650’s. They remained as slaves while, their white counterparts became free.…

    • 1729 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Judicial Restraint Essay

    • 1859 Words
    • 8 Pages

    As we know about the Supreme Court, The Supreme Court is made up of nine justices, coming from varied religious and ethnic backgrounds with six males and three females. Presidents nominate Justices for life tenure and they must be confirmed by majority vote of the Senate. According to NY Times article that has the title” Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide”, on June 27th, the US Supreme Court decided 5-4 that same-sex couples have a ‘fundamental’ right to marry, and thus overturned the laws of at least 17 states. In this assignment, I will discuss the arguments both for and against judicial activism vs. judicial restraint, using the 2015 gay marriage case of OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT…

    • 1859 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Supreme Court justices do have personal views. They are appointed through a political process. Observers naturally must ask how great a role their political views actually play. Some scholars argue that the justices’ political preferences play a large role, essentially dictating their decisions in many cases. They point to the fact that justices appointed by conservative presidents tend to vote in a conservative fashion and those appointed by liberal presidents vote the opposite way.…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    To maintain the strength of the Judicial Branch having a strong system to provide checks and balances of the other branches of government, there should be a certain level of independence for the Judicial Branch. The Judicial Branch often has the last say in matters regarding judicial review, and because of this, they should be able to operate independently from the other two branches and serve as the final say in these matters. According to Padovano, Sgarra, & Fiorino, (2003), the judiciary is generally better positioned to check such unlawful behavior then voters, since he has access to much better information than they do. Voters that often want a bigger say in these rulings are not always the best options for keeping a strong checks and balances for the highest level of decision making that occurs in the judicial review process. A certain level of independence to the Judicial Branch can allow the certainty of a strong separation of powers and checks and balance system that cannot be controlled by the very parts of government it is trying…

    • 834 Words
    • 4 Pages
    Improved Essays