Supreme Court of the United States: Difference between revisions

===Burger, Rehnquist, and Roberts===

{{main|Burger Court|Rehnquist Court|Roberts Court}}

The Burger Court (1969–1986) saw a conservative shift.<ref>Earl M. Maltz, ''The Coming of the Nixon Court: The 1972 Term and the Transformation of Constitutional Law'' (University Press of Kansas; 2016).</ref> It also expanded ''Griswold''{{'}}s right to privacy to strike down [[Abortion in the United States|abortion laws]] (''[[Roe v. Wade]]'')<ref name=tws31oct204>{{cite news |first=Karen |last=O'Connor |title=Roe v. Wade: On Anniversary, Abortion Is out of the Spotlight |quote=The shocker, however, came in 1973, when the Court, by a vote of 7 to 2, relied on Griswold's basic underpinnings to rule that a Texas law prohibiting abortions in most situations was unconstitutional, invalidating the laws of most states. Relying on a woman's right to privacy... |work=U.S. News & World Report |date=January 22, 2009 |url=https://www.usnews.com/articles/opinion/2009/01/22/roe-v-wade-on-anniversary-abortion-is-out-of-the-spotlight.html |access-date=October 31, 2009 |archive-date=March 26, 2009 |archive-url=https://web.archive.org/web/20090326104927/http://www.usnews.com/articles/opinion/2009/01/22/roe-v-wade-on-anniversary-abortion-is-out-of-the-spotlight.html |url-status=live}}</ref> but divided deeply on [[Affirmative action in the United States|affirmative action]] (''[[Regents of the University of California v. Bakke]]'')<ref name="tws31oct205">{{cite magazine |url=http://www.time.com/time/magazine/article/0,9171,946798,00.html |archive-url=https://web.archive.org/web/20101014122411/http://www.time.com/time/magazine/article/0,9171,946798,00.html |archive-date=October 14, 2010 |title=Bakke Wins, Quotas Lose |date=July 10, 1978 |magazine=[[Time (magazine)|Time]] |quote=Split almost exactly down the middle, the Supreme Court last week offered a Solomonic compromise. It said that rigid quotas based solely on race were forbidden, but it also said that race might legitimately be an element in judging students for admission to universities. It thus approved the principle of 'affirmative action'… |access-date=October 31, 2009}}</ref> and campaign finance regulation (''[[Buckley v. Valeo]]'').<ref name=tws31oct207>{{cite news |title=Time to Rethink Buckley v. Valeo |quote=...Buckley v. Valeo. The nation's political system has suffered ever since from that decision, which held that mandatory limits on campaign spending unconstitutionally limit free speech. The decision did much to promote the explosive growth of campaign contributions from special interests and to enhance the advantage incumbents enjoy over underfunded challengers. |work=The New York Times |date=November 12, 1998 |url=https://www.nytimes.com/1998/11/12/opinion/time-to-rethink-buckley-v-valeo.html |access-date=October 31, 2009 |archive-date=May 11, 2011 |archive-url=https://web.archive.org/web/20110511111407/http://www.nytimes.com/1998/11/12/opinion/time-to-rethink-buckley-v-valeo.html |url-status=live}}</ref> It also wavered on the [[Death penalty in the United States|death penalty]], ruling first that most applications were defective (''[[Furman v. Georgia]]''),<ref name="tws31oct208">{{cite news |url=https://www.washingtonpost.com/wp-srv/nation/rehnquist/rehnquist_key_decisions.html |title=Supreme Court Justice Rehnquist's Key Decisions |date=June 29, 1972 |newspaper=The Washington Post |quote=Furman v. Georgia … Rehnquist dissents from the Supreme Court conclusion that many state laws on capital punishment are capricious and arbitrary and therefore unconstitutional. |author=<!--Not stated--> |access-date=October 31, 2009 |archive-date=May 25, 2010 |archive-url=https://web.archive.org/web/20100525065231/http://www.washingtonpost.com/wp-srv/nation/rehnquist/rehnquist_key_decisions.html |url-status=live}}</ref> but later that the death penalty itself was not unconstitutional (''[[Gregg v. Georgia]]'').<ref name=tws31oct208/><ref name="history1">History of the Court, in Hall, Ely Jr., Grossman, and Wiecek (eds.) ''The Oxford Companion to the Supreme Court of the United States''. [[Oxford University Press]], 1992, {{ISBN|0-19-505835-6}}</ref><ref name=tws31oct2122>{{cite news |title=A Supreme Revelation |quote=Thirty-two years ago, Justice John Paul Stevens sided with the majority in a famous "never mind" ruling by the Supreme Court. Gregg v. Georgia, in 1976, overturned Furman v. Georgia, which had declared the death penalty unconstitutional only four years earlier. |work=The Wall Street Journal |date=April 19, 2008 |url=https://www.wsj.com/articles/SB120856145124627875?mod=opinion_main_review_and_outlooks |access-date=October 31, 2009 |archive-date=August 24, 2017 |archive-url=https://web.archive.org/web/20170824133310/https://www.wsj.com/articles/SB120856145124627875?mod=opinion_main_review_and_outlooks |url-status=live}}</ref>

=== Ruling on political questions ===

===Secretive proceedings===