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Judiciary 24, Carp. 14-15, O'Brien 6

Horizontales
Judges have more opportunity to make policy rather than just enforce existing ___ in cases presenting a new issue, where there are equally compelling law/facts on both sides and an answer is not clear cut, or where the legal evidence is contradictory.
The Supreme Court remains dependent on the attitudes and actions of their immediate constituents (government legal communities, and the legal profession in general) and elected officials' implementation, of their decisions, including the development of policies and programs putting into effect a new ruling. An example of this is the anticipated and initially reluctant, but now (almost) universal law enforcement procedure, of advising a criminal suspect of their rights after the Court's ___ decision.
The ___, incremental nature of the judicial decision-making process, with its emphasis on precedent, stability, and continuity, generally tempers the extent to which judges will engage in public policymaking that makes a drastic or abrupt change from the status quo.
The term “anticipatory ___” refers to lower federal court decisions that appear to anticipate the Supreme Court's future rulings on the basis of recent changes in its direction.
The ___ court theory posits that because of the judiciary's relative electoral freedom, it is uniquely free to take on issues that other political bodies cannot.
New judicial ___ is the adaptation of the traditionally conservative ideals of federalism and states' rights to a more liberal use, by interpreting state constitutions' bills of rights to give more or greater protection than the Supreme Court has interpreted as being available under the US Constitution's Bill of Rights.(Describing this trend, an example, and the Supreme Court's limitation placed on the trend would be a good essay question.)
Discussing Food and Drug Administration v. Alliance for Hippocratic Medicine (the mifepristone case) or Trump v. Anderson, in relation to any of the themes and concepts we discussed this semester, for example the implementation and impact of judicial policies on life in the U.S., cue theory, or the legal scholars’ theories/models used to explain the Court’s decision-making on the merits of a case, would be a good essay question.
O’Brien says that “a simple model of compliance” by lower courts with the Supreme Court’s decisions is not "___ because decisions bearing on major issues of public policy are not necessarily applied by lower courts." Taking advantage of any ambiguity in a Court decision, treating important language as dicta, emphasizing distinctions, and making "exceptions" to Court announced rules are all ways that lower courts maneuver to avoid or delay implementation of Court policies or decisions that do not align with their own policy preferences, political currents, and public pressures.
According to O'Brien, public approval of the Court is becoming more ___, and there is a strong relationship between public support and whether the segment of society is being looked at agrees with the Court's recent high-profile rulings and perceived political ideology.
There are multiple actions a President can take, or not take, that ___ compliance with the Court’s rulings. (Identifying and discussing these actions, with examples would be a good essay question.)
According to political scientist Matthew E.K. ___, the Courts can bring about social change, or have a greater impact on American life, when a decision bears on more vertical issues (depending on lower courts' compliance rather than on other political institutions) and also has widespread public support.
The long history and mixed results in the implementation of the Court's decision in ___ v. Board of Education (1954) highlights the problems with implementing Supreme Court rulings and the need for all three branches to cooperate and coordinate to achieve implementation. (Describing these implementation problems, and how cooperation of the other branches was required and what that eventually looked like, would be a good essay question.)
Verticales
With occasional exceptions, the current Supreme Court's opinions are usually announced via a short ___ summary from the bench, with the full written opinion published in "slip opinion" form on the Court's website and in print the same day.
The ___ of a case itself has a strong impact on whether a judge can engage in public policymaking in that case.
Two major national ___ areas influencing life in the US in which the federal judiciary has taken the lead are racial equality and criminal due process.
The ___ court theory holds that three institutional factors limit judicial policy making: 1. limited nature of constitutional rights 2. lack of judicial independence 3. the judiciary's lack of powers of implementation.
Congress has multiple methods to try to ___ the direction of the Supreme Court. (Identifying and discussing these methods, with examples would be a good essay question.)
Carp et al. assert that lower court judges have considerable ___ in implementing a higher court’s policy/decision due to 1) the lower court judges' relative independence, 2) ambiguities in the higher court's decision, 3) the inconsistent manner in which the higher court's policy/decision is communicated, and 4) time constraints imposed by busy lower court dockets. (Describing these reasons with examples would be a good essay question.)
___ and orientations of judges generally play into the extent to which judges will engage in public policymaking and what substantive direction their policymaking might take. (Identifying these background ___/orientations that judges bring with them to the job, and how they might influence a judge's propensity to engage in policymaking and what direction that policymaking might go would be a good essay question.)
The Court’s influence on American life cannot be ___ precisely because it is difficult to know what parts of a change or influence can be attributed to the Court, and what parts would be attributed to other political entities also weighing and influencing the same issues.
In Michigan v. Long (1983) the US Supreme Court ___ “new judicial federalism” by ruling that when state courts enforce rights broader than the US Supreme Court's definition of that right under the US Constitution, they must make a "plain statement" that the decision rests on "adequate and independent state grounds" (state constitutional provisions).
The announcement of a Supreme Court decision usually no longer includes reading the ___ text of the opinion from the bench.
As Alexander Hamilton noted, the Court has neither the __ of the sword nor the purse. The Court’s ___, O'Brien points out, "stems from its duty to give authoritative meaning to the Constitution and rests with the persuasive forces of reason, institutional prestige, the cooperation of other political institutions, and ultimately, public opinion." (Discussion of various aspects of this concept, drawing from our discussions at the beginning of the semester through discussions at the end, would be a good essay question. Such discussion would include, among other things, the consequences when the Court moves "too far or too fast", and discussing current event ethics issues in the Court that we discussed in class and their impact on the Court's prestige and the public's confidence in the Court.)