What are the factors that influence supreme court decisons?
not the supreme court website please
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The court of the 1860’s certainly reflected the fact that the Civil War was raging although they did challenge Lincoln’s actions in Ex Parte Milligan and other cases. The late 19th century was a time of strong pro expansionist attitude and the court reflected that in the Insular cases as well as a strong segregationist viewpoint in Plessy v Ferguson.
Social movements or beliefs – Civil Rights of the 50= Brown v the Board of Education, White backlash of the 60’s= the Bakke decision, the feminist movement of the 70=Roe v Wade.
Fears Korimatsu v U.S. after WW II, Miranda v Arizona(although that generated fears that the power of law enforcement was being diminished.)
Economic interests like the Schecter v New York case, Fletcher v Peck, Dred Scott v Sanford, McCulloch v Maryland.
Struggles for political power Marbury v Madison, Cherokee v Georgia.
Religious issues like the current disposition on abortion and school prayer.
All of these issues influence a courts decisions. They are but human beings and like all humans they have bias, they have causes they support and issues they oppose. Depending on what is happening in society the court is generally going to reflect one side or the other. There have been some very notable exceptions and these people are generally considered to be the great jurists of our history. People like John Marshall, Oliver Wendell Holmes and Earl Warren certainly left an imprint on American History.
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