10+ Judicial Review Examples

6. Judicial Review Example: The United States Supreme Court Case of Griswold v. Connecticut (1965) In 1965, the Supreme Court of the United States was asked to decide whether a Connecticut law that prohibited the use of contraceptives was constitutional. The Supreme Court, in a 7-2 decision written by Justice William O. Douglas, declared that the Connecticut law was unconstitutional. Douglas held that the Due Process Clause of the Fourteenth Amendment protected an implied right to privacy, and that the Connecticut law violated that right. This case was important for judicial review, as it established the principle that the Supreme Court had the power to declare an act of a state unconstitutional.

7. Judicial Review Example: The United States Supreme Court Case of Loving v. Virginia (1967) In 1967, the Supreme Court of the United States was asked to decide whether a Virginia law banning interracial marriage was constitutional. The Supreme Court, in a unanimous decision written by Chief Justice Earl Warren, declared that the Virginia law was unconstitutional. Warren held that the Equal Protection Clause of the Fourteenth Amendment prohibited states from discriminating on the basis of race in areas such as marriage, and that the Virginia law was in violation of this clause. This case was a major victory for judicial review, as it established the principle that the Supreme Court had the power to declare an act of a state unconstitutional.

8. Judicial Review Example: The United States Supreme Court Case of United States v. Nixon (1974) In 1974, the Supreme Court of the United States was asked to decide whether President Richard Nixon had to turn over tape recordings of conversations that had taken place in the Oval Office. The Supreme Court, in an 8-0 decision written by Chief Justice Warren Burger, declared that the President had to turn over the recordings. Burger held that the President was not above the law, and that the President could not claim executive privilege in the face of a criminal investigation. This case was a major victory for judicial review, as it established the principle that the Supreme Court had the power to declare an act of the President unconstitutional.

9. Judicial Review Example: The United States Supreme Court Case of Texas v. Johnson (1989) In 1989, the Supreme Court of the United States was asked to decide whether a Texas law that prohibited burning the American flag was constitutional. The Supreme Court, in a 5-4 decision written by Justice William Brennan, declared that the Texas law was unconstitutional. Brennan held that the First Amendment protected symbolic expression, and that the Texas law was in violation of this amendment. This case was important for judicial review, as it established the principle that the Supreme Court had the power to declare an act of a state unconstitutional.

10. Judicial Review Example: The United States Supreme Court Case of Bush v. Gore (2000) In 2000, the Supreme Court of the United States was asked to decide whether the Florida Supreme Court’s order for a recount of ballots in the presidential election was constitutional. The Supreme Court, in a 5-4 decision written by Justice Antonin Scalia, declared that the Florida Supreme Court’s order was unconstitutional. Scalia held that the Equal Protection Clause of the Fourteenth Amendment prohibited states from counting ballots in a manner that was not consistent with the laws of the state. This case was important for judicial review, as it established the principle that the Supreme Court had the power to declare an act of a state unconstitutional.

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