Goal: To begin your understanding of what influences the United States Supreme Court in terms of its decision-making on court decisions and start to
develop your case method skill set.
Length of Paper: 3-to-4 typewritten pages, double-spaced, on 8 1/2 by 11-inch paper, using a 12-point Times New Roman Font. Do not write less than 3 pages
or your paper will be marked down 5 pts. Do not exceed 4 pages.
Theoretical Basis: During the semester, we will be discussing two models of influence on how the Supreme Court operates, the Dynamic Court View (DCV)
and the Constrained Court View (CCV), see Judicial Policymaking, p. 241. This paper solely deals with the first element of those models, the impact of “legal
doctrine” on decision-making. DCV suggests that the legal doctrine does not act as a constraint on policy making by the courts because doctrine is generally
vague in nature, e.g., Bill of Rights, and thus is open to modification by judges and lawyers alike. CCV states there are a limited number of rights that courts
may rely on as well as a number of procedural barriers that constrain courts from acting. Thus, DCV and CCV are models of reality with some scholars
believing courts can act dynamically while others see the courts as constrained.
Nature of the Project: The first part of this class focuses on the inner-workings of the American court system. We talk about how courts act as a neutral and
efficient mechanism that is capable of achieving its goals. However, as noted above, political scientists believe that courts may act dynamically in some
circumstances and constrained in others. The assignment involves analyzing one Supreme Court cases: Obergefell v. Hodges (2015). Your paper will analyze
the role of law in the decision and not a descriiptive summary of the decision. In other words, what is taking place in the case that appears to be impacting
the court in its decision. Thus, the nature of the project requires students to set out an argument and support that argument with evidence from the case.
Papers must include four parts, including: (1) a thesis statement setting out the overall direction of your paper; (2) Set forth the competing views of CCV/DCV
on doctrinal constraints; (3) identify evidence from your case that supports your thesis; (4) develop and rebut the most persuasive counter-argument(s) to
your thesis; and (5) draw a reasoned conclusion that follows from the arguments.
Your thesis should be a variation of the following:
[Case X] illustrates how the law constrains judicial discretion, suggesting the law is likely to constrain the Court when …
OR
[Case X] illustrates how the law fails to constrain judicial discretion, suggesting that the law is unlikely to constrain the Court when …
Suggestions:
• These cases involve multiple legal issues, including procedural issues related to standing and jurisdiction. Focus your analysis on the main substantive
issue in the case. Be sure to analyze the language of the decision and the voting patterns of the Justices.
• The Oyez site is very useful for locating your case and understanding the nature of the court’s vote.
• You should check in with your TA to make sure you understand the assignment. We are looking for a very specific type of analysis