Question
1. Without going into Justice Kennedy's fundamental rights analysis, how would you explain, in a few sentences, how he justified going against stare decisis in
1. Without going into Justice Kennedy's fundamental rights analysis, how would you explain, in a few sentences, how he justified going againststare decisisinLawrence v. Texas?In other words, what are the reasons he gave for overturningBowers v. Hardwick? What does Kennedy mean by Reliance?
2. Without going into Justice Scalia's arguments against broad fundamental rights, how would you explain, in a few sentences, why he argued thatBowers v. Hardwickshould not be overturned? What does Scalia mean by Reliance?
3. How would you explain, in a few sentences, Justice Kennedy's approach to determining if there is a fundamental right as exemplified inLawrence v. TexasandObergefell v. Hodges? Include the part(s) of the Constitution that he thinks are relevant. How does this differ from the approaches inLoving v. VirginiaandRoe v. Wade?
4. How would you explain, in a few sentences, Justice Scalia's approach to determining if there is a fundamental right as exemplified in his dissents inLawrence v. TexasandObergefell v. Hodges?Using this approach, do you believe Scalia would have joined the majority or the dissent inRoe v. Wade?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started