Asked by shawda
Roper v. Simmons (2005) Choose one of the recent cases discussed in the article as an example of judicial activism. Summarize the case and explain why it is an example of judicial activism. Then, choose a case that displays judicial restraint. Summarize the case and explain why it demonstrates judicial restraint. Provide links for the sources you use for your writing.
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Brief definitions
- Judicial activism: Courts read the Constitution or statutes in ways that significantly change policy, create new rights, or substitute judicial judgment for legislative choices.
- Judicial restraint: Courts avoid creating new law, defer to legislatures and historical practice, and decide narrowly or decline to recognize new constitutional rights.
Example of judicial activism — Roper v. Simmons (2005)
- Summary:
- Facts: Christopher Simmons was sentenced to death in Missouri for a murder he committed at age 17. The issue was whether the Eighth and Fourteenth Amendments prohibit the death penalty for offenders who were under 18 at the time of their crimes.
- Holding: In a 5–4 decision (majority opinion by Justice Kennedy), the Supreme Court held that it is unconstitutional to impose the death penalty for crimes committed by juveniles. The Court concluded such punishment violates the Eighth Amendment’s prohibition on “cruel and unusual punishments,” applied to the states through the Fourteenth Amendment.
- Reasoning: The Court relied on the Eighth Amendment’s “evolving standards of decency,” pointing to a national consensus (most states had legislative prohibitions or no juvenile death sentences), international opinion, and developmental psychology research showing diminished culpability of juveniles (immaturity, susceptibility to peer pressure, capacity for change).
- Why this is often labeled judicial activism:
- The majority relied heavily on evolving standards, comparative foreign law, and social-science evidence to read the Eighth Amendment more broadly than prior practice; critics say that approach imports judicial policy judgments rather than applying a fixed textual/historical rule.
- The close 5–4 split and use of non-textual sources (including foreign laws) contributed to perceptions that the Court was making policy rather than simply interpreting the text.
- Sources:
- Majority opinion and decision text (Cornell LII): https://www.law.cornell.edu/supct/html/03-633.ZS.html
- Oyez summary and case page: https://www.oyez.org/cases/2004/03-633
- SCOTUSBlog case page and coverage: https://www.scotusblog.com/case-files/cases/roper-v-simmons/
Example of judicial restraint — Washington v. Glucksberg (1997)
- Summary:
- Facts: Petitioners (physicians and terminally ill patients) challenged Washington State’s ban on assisted suicide, arguing that the Due Process Clause of the Fourteenth Amendment protects a “right to die” with assistance.
- Holding: In a unanimous decision (opinion by Chief Justice Rehnquist), the Supreme Court held that the Due Process Clause does not protect a right to assisted suicide. The Court applied a historical/tradition-focused substantive due-process test: to be a fundamental right, it must be deeply rooted in the nation’s history and tradition.
- Reasoning: The Court found no such deep historical tradition supporting assisted suicide, emphasized the gravity of recognizing a new fundamental right, and deferred to state legislatures to make policy choices about assisted suicide.
- Why this demonstrates judicial restraint:
- The Court refused to create a new constitutional right and instead relied on historical practice and deference to democratic institutions. The decision leaves regulation (and any change) to the political branches and state legislatures rather than imposing a nationwide constitutional mandate.
- The opinion exemplifies a narrow, precedent-and-history-based approach to substantive due process rather than expansion of rights by judicial fiat.
- Sources:
- Majority opinion and decision text (Cornell LII): https://www.law.cornell.edu/supct/html/96-1106.ZO.html
- Oyez summary and case page: https://www.oyez.org/cases/1996/96-1106
- SCOTUSBlog background and analysis: https://www.scotusblog.com/case-files/cases/washington-v-glucksberg/
If you want, I can:
- Provide short quoted passages from each opinion.
- Pick a different restraint example (e.g., a recent case where the Court explicitly deferred to Congress or the states) if you prefer a more recent decision.
- Judicial activism: Courts read the Constitution or statutes in ways that significantly change policy, create new rights, or substitute judicial judgment for legislative choices.
- Judicial restraint: Courts avoid creating new law, defer to legislatures and historical practice, and decide narrowly or decline to recognize new constitutional rights.
Example of judicial activism — Roper v. Simmons (2005)
- Summary:
- Facts: Christopher Simmons was sentenced to death in Missouri for a murder he committed at age 17. The issue was whether the Eighth and Fourteenth Amendments prohibit the death penalty for offenders who were under 18 at the time of their crimes.
- Holding: In a 5–4 decision (majority opinion by Justice Kennedy), the Supreme Court held that it is unconstitutional to impose the death penalty for crimes committed by juveniles. The Court concluded such punishment violates the Eighth Amendment’s prohibition on “cruel and unusual punishments,” applied to the states through the Fourteenth Amendment.
- Reasoning: The Court relied on the Eighth Amendment’s “evolving standards of decency,” pointing to a national consensus (most states had legislative prohibitions or no juvenile death sentences), international opinion, and developmental psychology research showing diminished culpability of juveniles (immaturity, susceptibility to peer pressure, capacity for change).
- Why this is often labeled judicial activism:
- The majority relied heavily on evolving standards, comparative foreign law, and social-science evidence to read the Eighth Amendment more broadly than prior practice; critics say that approach imports judicial policy judgments rather than applying a fixed textual/historical rule.
- The close 5–4 split and use of non-textual sources (including foreign laws) contributed to perceptions that the Court was making policy rather than simply interpreting the text.
- Sources:
- Majority opinion and decision text (Cornell LII): https://www.law.cornell.edu/supct/html/03-633.ZS.html
- Oyez summary and case page: https://www.oyez.org/cases/2004/03-633
- SCOTUSBlog case page and coverage: https://www.scotusblog.com/case-files/cases/roper-v-simmons/
Example of judicial restraint — Washington v. Glucksberg (1997)
- Summary:
- Facts: Petitioners (physicians and terminally ill patients) challenged Washington State’s ban on assisted suicide, arguing that the Due Process Clause of the Fourteenth Amendment protects a “right to die” with assistance.
- Holding: In a unanimous decision (opinion by Chief Justice Rehnquist), the Supreme Court held that the Due Process Clause does not protect a right to assisted suicide. The Court applied a historical/tradition-focused substantive due-process test: to be a fundamental right, it must be deeply rooted in the nation’s history and tradition.
- Reasoning: The Court found no such deep historical tradition supporting assisted suicide, emphasized the gravity of recognizing a new fundamental right, and deferred to state legislatures to make policy choices about assisted suicide.
- Why this demonstrates judicial restraint:
- The Court refused to create a new constitutional right and instead relied on historical practice and deference to democratic institutions. The decision leaves regulation (and any change) to the political branches and state legislatures rather than imposing a nationwide constitutional mandate.
- The opinion exemplifies a narrow, precedent-and-history-based approach to substantive due process rather than expansion of rights by judicial fiat.
- Sources:
- Majority opinion and decision text (Cornell LII): https://www.law.cornell.edu/supct/html/96-1106.ZO.html
- Oyez summary and case page: https://www.oyez.org/cases/1996/96-1106
- SCOTUSBlog background and analysis: https://www.scotusblog.com/case-files/cases/washington-v-glucksberg/
If you want, I can:
- Provide short quoted passages from each opinion.
- Pick a different restraint example (e.g., a recent case where the Court explicitly deferred to Congress or the states) if you prefer a more recent decision.
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