It has been argued that courts are the least political branch of government. Yet their regulation-related decisions have had significant political impacts. Accordingly, students are assigned alphabetically (according the first letter of their last name) the following court case to analyze:
- Shelby County v. Holder, 570 U.S. ___ (2013) (Students with last names beginning with the letters A-L)
- District of Columbia v. Heller , 128 S.Ct. 2783 (2008) (Students with last names beginning with the letters M-P)
- Citizens United v. FEC, 558 U.S. 310 (2010) (Students with last names beginning with the letters Q-Z)
Each student paper should include the following elements:
- A brief description of the case- no more than one page
- Identify the regulatory action and or/regulatory agency involved in this case and the action it has taken that has triggered this lawsuit.
- Identify the key regulatory question before the court arising from this regulation.
- Who won the case? (Describe the winning party)
- What was the court’s reasoning behind its decision: why did the court rule against the agency or the regulation?
- What precedent was set by this case: How has the regulatory environment been changed?
- Key section of the paper: Conduct a political analysis of what the decision by the court has done in terms of the ability for this issue to be regulated, the discretion remaining for an agency regulate in this area, and the reason why Congress has not taken further action in this area to address the issues raised in the court case?