WEEK 3 DISCUSSION #1 AND #2 RESPONSES
DISCUSSION ONE
Guided Response:
U.S. Supreme Court justices are people too. Examine where the justice of your choice originated and major life events which may shape her/his views when deciding a matter of national importance. Analyze whether or not it is appropriate for justices to use their real-life, prior experiences in their interpretations of the law. Review your colleagues’ posts, and substantively respond to at least two of your peers.
CLASSMATE TIANA’S RESPONSE
Supreme Court Associate Justice Clarence Thomas was born in 1948. He was raised by his mother initially but eventually went on to live with his grandparents. Thomas gained his legal education at Yale University at the beginnings of affirmative action. Thomas was one of 24 black students allowed entry at the Ivy League school after the Dean announced its first black quota. After graduating with his J.D. in 1974, Thomas went on to become the Assistant Attorney General of Missouri (1974), Assistant Secretary of Education for the Office for Civil Rights (1981), and Chairman of the United States Equal Employment Opportunity Commission (1982). In 1989, former president George H. W. Bush nominated Thomas to fill the newly vacant position of Federal Judge in the United States Court of Appeals for the District of Columbia. Thomas sat in that position until he was nominated for Supreme Court Justice in 1991, filling the seat of Thurgood Marshall, the first African American Supreme Court Justice. He has remained in this position as of current. In the history of the United States Supreme Court, there have only been two Black Supreme Court Justices, one of them being Clarence Thomas. Clarence Thomas is married with one son.
Thomas has been labeled as one of the most conservative justices to sit on the bench. According to one journalist, “…a man whose career as a judge is a study in brutalism. Thomas is by far the most conservative justice on a very conservative Court. He advances a reactionary legal philosophy that would take America back to the 1930s” (O’Donnell, 2019, para. 2). Thomas has also been labeled as a textualist and one of the quietest justices to ever serve on the Supreme Court.
The labels that have been placed on Justice Thomas have proven to be accurate. He is a conservative and historically has issued conservative opinions on historical cases. Thomas also has historically held opinions that are in line with how the Constitution was written. To look further, one source states, “That means that he reads the Constitution as meaning today what he believes those who wrote it meant back then, no matter how conditions may have changed in America in the meantime” (Denniston, 2019, para. 1). Justice Thomas is not wavered by the trends and new social norms, he appreciates and maintains that the Constitution is to govern American society how the founders intended it. The last label is that Justice Thomas is one of the quietest Justices to ever serve. This is supported by his tendency to remain from asking questions, like his colleagues, while hearing cases.
Abortion – Justice Thomas has repeatedly made comments that the Constitution does not speak to abortion. He maintains that the Fourteenth Amendment does not furnish protection of women’s rights of their body. It has been stated, “Roe is grievously wrong for many reasons, but the most fundamental is that its core holding – that the Constitution protects a woman’s right to abort her unborn child – finds no support in the text of the Fourteenth Amendment” (Overruling Roe, 2020, para. 8). Justice Thomas has not wavered on his stance on abortion rights since his nomination.
LGBTQ – Justice Thomas has long held dissent on LGBTQ marriage legality. Justice Thomas and former Justice Scalia often penned opinions abhorring efforts to make LGBTQ marriage constitutionally legal. At one point, Justice Thomas stated, “By choosing to endorse ‘a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment…the court has created a problem that only it can fix” (Totenberg, 2020, para. 6). As a textualist, Justice Thomas does not support the notion that LGBTQ marriage is constitutional.
Equal Protection and Affirmative Action – One of the most controversial topics often discussed regarding Justice Thomas is his non-belief and non-support of affirmative action policies. Justice Thomas has gone on to say on several occasions that he believes affirmative action one of the reasons that he had such difficulty using his degree and finding a job after he graduated from Yale Law School. One source states, “Clarence Thomas – who’s famously quiet during oral arguments – has written that affirmative action amounts to racial discrimination and is every bit as wrong as segregation or slavery” (Fuchs, 2013, para .2). Even when under attack by racial advocacy groups, Justice Thomas has maintained his stance on affirmative action and equal protection.
References
Denniston, L. (2019, February 20). Justice Thomas, originalism and the First Amendment. Constitution Center: https://constitutioncenter.org/blog/justice-thomas-originalism-and-the-first-amendment
Fuchs, E. (2013, October 15). How Clarence Thomas Grew to Hate Affirmative Action. Business Insider: https://www.businessinsider.com/how-clarence-thomas-grew-to-hate-affirmative-action-2013-10
O’Donnell, M. (2019, September). Deconstructing Clarence Thomas. The Atlantic: https://www.theatlantic.com/magazine/archive/2019/09/deconstructing-clarence-thomas/594775/
Overruling Roe. (2020, September 1). Knights of Columbus: https://www.kofc.org/en/news-room/columbia/2020/september/overruling-roe.html
Totenberg, N. (2020, October 5). Justices Thomas, Alito Blast Supreme Court Decision on Same-Sex Marriage Rights. NPS: https://www.npr.org/2020/10/05/920416357/justices-thomas-alito-blast-supreme-court-decision-on-gay-marriage-rights
CLASSMATE DANIEL’S RESPONSE
Supreme Court Justice Sonia Sotomayor is a Puerto Rican, Bronx, New York native and one of the three current female Justices. Sonia grew up in the Bronx and after working diligently, graduated valedictorian of her Catholic high school in 1972. Impressively, she earned a scholarship to Princeton University and later graduated with a degree in history. If excelling at Princeton wasn’t impressive enough, Sonia continued onto Yale Law School where she became editor of the school’s Law Journal. After graduating from Yale, she became a prosecutor in a New York district attorney’s office. After success with many high-profile cases, Sonia moved onto copyright cases in a private firm and in 1991 was nominated by then-President George H. W. Bush to a United States District Court in New York. She continued working normal cases until she was assigned a case in 1995 involving Major League Baseball and the Players Association. Through her decision, baseball continued (instead of being halted due to a strike) and some lauded Sonia for her “mastery of the law and her careful and informed reasoning” (Abrams, 2011).
After a few years, Sonia was then nominated to a United States Court of Appeals by then-President Clinton in 1997 and saw thousands of cases within the next decade. After leaving an obvious imprint behind with her rulings, she was nominated by President Obama in 2009 to The Supreme Court, where President Obama even made reference to the famous baseball case in the nomination speech. Possibly due to her background and upbringing, Sonia Sotomayor has been known as one of the most liberal justices to sit on the prestigious bench. She also has rarely shied away from argument in the courtroom, authoring many dissenting arguments that have caught nationwide attention.
Throughout her time on the bench, Sonia has defended rights of minorities and immigrants while also not being afraid to question other justices on controversial topics. Recently, she wrote a nearly 30 page dissenting argument against the courts ultimate decision to uphold President Trump’s ban on travel from Muslim countries. While other conservative justices have favored many law enforcement topics, Sonia has been quick to remain critical of them. Interestingly enough, Justice Sotomayor has argued against the court’s decision to pass on hearing many cases, obviously creating waves in the chamber as it has been almost tradition to be selective on what cases to hear. Personally, I think it is safe to say that the liberal label fits the rhetoric of Justice Sotomayor.
When it comes to the Constitution and related issues, Sonia has remained consistent in viewing it as important as it should be. She has made it clear through both her statements and decisions that she is dedicated to keeping in line with what has been written, stating at her opening hearing that, “The task of a judge is not to make law. It is to apply the law” (Ballotpedia, n.d.).
REFERENCES
Abrams, R. (2011). Sotomayors Home Run. Huffington Post. Retrieved April 2021, from, https://www.huffpost.com/entry/sotomayors-home-run_b_212073
Notable Opinions of Judge Sonia Sotomayor. (n.d.). Ballotpedia. Retrieved April 2021, from, https://ballotpedia.org/Notable_opinions_of_Judge_Sonia_Sotomayor
DISCUSSION TWO
Guided Response:
Choose a constitutional right that you feel passionate about, and evaluate how the Supreme Court views that right. Remember, all court cases are intentionally called opinions. There is a tacit acknowledgement that people’s and society’s views change over time, and that what is culturally acceptable today may not be tomorrow (e.g., think of the very recent changes in public opinion over gay marriage). Predict the future of your chosen right to analyze; will the Supreme Court restrict or expand this right in the future, and why? Review your colleagues’ posts, and substantively respond to at least two of your peers.
CLASSMATE TIANA’S RESPONSE
The Right to a Speedy Trial
One right afforded to the accused is the right to a speedy trial. This right is protected and guaranteed by the Sixth Amendment. This is an important right afforded to the accused because, without it, cases could be unnecessarily delayed. Unnecessary delays could significantly impact the quality of a case and could lead to erroneous actions. In many instances, the accused are incarcerated or placed under supervision through the duration of their case until sentencing. Incarceration before sentencing should be minimal and defendants should be able to receive their sentence promptly. Prolonged certainty, depending on the nature and duration, could be categorized as cruel and unusual punishment which would be a violation of the Eighth Amendment.
The Supreme Court has heard many cases regarding what constitutes a speedy trial and when a case is crossing the constitutional boundary. According to Cornell Law School, “…an important safeguard to prevent undue and oppressive incarceration before trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself” (Right to a Speedy Trial and Public Trial, n.d., para. 1).
One first case that the right to a speedy trial was heard before the Supreme Court was Klopfer v. North Carolina. Due to the jury not being able to reach a verdict, the Superior Court of North Carolina moved the case to a nolle prosequi with leave. The Supreme Court held this was a violation of Klopfer’s Sixth Amendment rights due to the case being postponed indefinitely. The Supreme Court made a unanimous decision and overturned the lower court’s decision. According to Oyez, “…Chief Justice Earl Warren wrote the majority opinion reversing the lower court. The Supreme Court held that indefinitely suspending a trial violates a defendant’s right to a speedy trial” (Klopfer v. North Carolina, 1966, para. 3). The accused’s right to a speedy trial cannot be infringed when judicial processes fail to align.
The second case that the right to a speedy trial was heard before the Supreme Court was Barker v. Wingo (1972). Willie Barker was indicted on a crime that he and Silas Manning committed. The state believed it had a stronger case against Manning and to successfully convict Barker, they would need to pursue Manning first. After five trials, the state was able to successfully convict Manning and then proceeded to convict Barker the following year. Barker felt his right to a speedy trial was violated since a period of five years had passed. The Supreme Court did pen the unanimous decision that it was not a violation of Barker’s Sixth Amendment rights. The reason is that Barker implicitly waived his right to a speedy trial. Barker never urged the state for a speedy trial and because of his ability to be out on bail, the continuance of the case went uncontested. According to the opinion of the Supreme Court, “The Court held that, while the delay was long, barker faced negligible prejudice and did not want a speedy trial, as evidenced by the many continuances that went uncontested” (Barker v. Wingo, 1971, para. 3). The right to a speedy trial must be at the assertion of the accused and there must be clear evidence that the right was violated.
The Supreme Court did expand upon the plain language of the Sixth Amendment. The Speedy Trial Act was adopted in 1974. This Act places time limits on how long each stage of the judicial process is to take. At the very foundation, according to the United States Department of Justice, “The information or indictment must be filed within 30 days from the date of arrest or services of the summons…Trial must commence within 70 days from the date the information or indictment was filed…” (628. Speedy Trial Act of 1974, 2020, para. 1). States can modify the timeline as long as the processes do not fall outside of the federal limitations. The right to a speedy trial is relevant in modern society. As cases continue to increase and resources are limited, it is important to ensure that the accused do not get left out or forgotten during their trial period. Once a case starts, the responsibility to ensure its continuity is protected.
Barker v. Wingo. (1971). Oyez: https://www.oyez.org/cases/1971/71-5255
Klopfer v. North Carolina. (1966). Oyez: https://www.oyez.org/cases/1966/100
Right to a Speedy Trial and Public Trial. (n.d.). Cornell Law School: https://www.law.cornell.edu/constitution-conan/amendment-6/right-to-a-speedy-and-public-trial
CLASSMATE DANIEL’S RESPONSE
Throughout the criminal justice system, there are a number of rights that pertain to the accused in order to ensure a smooth adjudication process. Without a doubt one of the most significant rights guaranteed by the U.S. Constitution is the right to due process. As Spohn and Hemmens put it, due process allows everyone accused of a crime to be treated the same and be afforded the same benefits, regardless of any other factors (2012, Sec. 1.5). The importance of this right is apparent in the fact that it is stated in both the Fifth and Fourteenth Amendments to The Constitution. While both Amendments seem to state the same thing (in regard to due process), the main difference is the Fourteenth Amendment focuses on the state’s role in protecting the rights of the accused. Possibly the most interesting part about the right to due process is that the right is not very specific, leaving interpretation open to judges. Over time, judges have had to determine what is “fair” and whether certain complaints from the accused meet the standard of due process.
One extremely important judicial case in U.S. history, Mapp v. Ohio (1961), relied heavily on the due process clause. In the case, evidence was deemed to be collected illegally by law enforcement, which was then used to arrest the owner of the evidence. This laid the basis of what is referred to as the exclusionary rule, or the idea that evidence obtained illegally must not be allowed in court proceedings. Essentially, The Supreme Court held that the defendant’s right to due process had been violated based on the evidence being used against him (as it was deemed illegally obtained).
Another much earlier, important case that helped further the idea/right to due process was Tumey v. Ohio (1927). In short, the case revolved around a judge who was receiving cash rewards for every person that was found guilty of a certain crime in his court. The Supreme Court found that this violated the defendant’s right to due process as it posed an obvious conflict of interest where the judge was being rewarded based on the amount of citizens found guilty by him.
Through time, The Supreme Court has expanded the plain language in The Constitution due to one main reason. Due process is dependent on the term “fair” as explained before, and that term has proved to be subjective in nature. Defendants have taken advantage of the vagueness of the word “fair” and there are countless cases where the right to due process is questioned based on what has happened to them. Needless to say, due process arguments will continue in the future as judges continue to make opinions about what is fair in judicial terms. The relevance is obvious in modern times as it will continue to be brought up trials as we further the idea of equality and fairness in the criminal justice system.
REFERENCES
Mapp v. Ohio. (n.d.). Oyez. Retrieved April 17, 2021, from https://www.oyez.org/cases/1960/236
Spohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Retrieved from https://content.ashford.edu
Tumey v. Ohio. (n.d.). Justia. Retrieved April 2021, from, https://supreme.justia.com/cases/federal/us/273/510/
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