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Paper 3 · US Politics · The Supreme Court

The US Supreme Court and rights, 1896 to today

The Court has both expanded rights (Brown, Loving, Roe, Obergefell) and restricted them (Plessy, Dobbs, SFFA). The exam question: is the Supreme Court a political body or a legal one?

The arc at a glance

1896Plessy: separate-but-equal
1944Korematsu low point
1954Brown ends segregation
1967Loving strikes marriage ban
1973Roe finds abortion right
2008Heller arms the individual
2010Citizens United and money
2015Obergefell wins marriage
2022Dobbs overturns Roe
2023SFFA ends affirmative action

Click any step to jump to it - the lit step is the one showing below. Rights expand under the Warren and Burger Courts, then the Roberts Court pulls them back. Green = expanded or strengthened · Amber = mixed or contested · Red = restricted or weakened.

The timeline

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Timeline tucked away while you test yourself. Close the quiz to bring it back.

1896

What happened. In Plessy v Ferguson the Court upheld "separate but equal", legalising Jim Crow segregation.

What it shows. The Court at its worst, entrenching racial discrimination. Plessy: separate-but-equal

1944

What happened. In Korematsu v US the Court upheld the wartime internment of Japanese Americans.

What it shows. Judicial deference to executive power over individual rights. Korematsu low point

1954

What happened. In Brown v Board of Education a unanimous Court ruled segregated schools "inherently unequal" and overturned Plessy.

What it shows. The textbook example of the Court defending rights. Brown ends segregation

1967

What happened. In Loving v Virginia the Court struck down state bans on interracial marriage under the Fourteenth Amendment.

What it shows. The Equal Protection Clause used to expand rights. Loving strikes marriage ban

1973

What happened. In Roe v Wade the Court found a constitutional right to abortion in the Fourteenth Amendment privacy right.

What it shows. Peak expansion of implied rights by the Court. Roe finds abortion right

2008

What happened. In DC v Heller the Court confirmed an individual right to bear arms.

What it shows. A conservative reading of the Second Amendment. Heller arms the individual

2010

What happened. In Citizens United v FEC a 5-4 Court struck down limits on independent corporate political spending, creating the Super PAC era.

What it shows. The Court reshaping democracy in favour of money. Citizens United and money

2015

What happened. In Obergefell v Hodges a 5-4 Court legalised same-sex marriage nationwide.

What it shows. The Court finding a right not written in the text. Obergefell wins marriage

2022

What happened. In Dobbs v Jackson a 6-3 Court overturned Roe and Casey, returning abortion to the states.

What it shows. The Roberts Court contracting a long-settled right. Dobbs overturns Roe

2023

What happened. In Students for Fair Admissions a 6-3 Court ruled race-conscious university admissions unconstitutional.

What it shows. The Court reversing a civil-rights-era policy. SFFA ends affirmative action

Roll up and down: use the arrows, scroll or swipe inside the box, the up and down keys, or click any step in the arc above.

The account: what changed?

Read top to bottom, the Court swings. From Plessy and Korematsu it deferred to discrimination and the executive; the Warren and Burger Courts (Brown, Loving, Roe) then used the Fourteenth Amendment to expand rights; and the Roberts Court (Heller, Citizens United, Dobbs, SFFA) has pulled several of those gains back.

The pattern is less about the law changing than about who sits on the Court. The same Constitution produced Roe in 1973 and Dobbs in 2022 - what changed was the majority. That is the heart of the "is the Court political?" debate.

The judgement line: The Court is shaped by appointments and clearly makes value-laden choices (Dobbs, Citizens United), so it is political in effect. But it works through legal reasoning and the Constitution, cannot enforce its own rulings, and has corrected itself (Brown overturning Plessy) - so it is not simply a partisan body.
Turn it into an essay: which dates argue which way

The same events split by side. Build each paragraph around one point from each column, then judge.

The Court is essentially political

  • Dobbs (2022) overturned a 49-year precedent on a 6-3 conservative majority.
  • Citizens United (2010) reshaped campaign finance on a 5-4 line.
  • SFFA (2023) reversed affirmative action 6-3.
  • Roe (1973) and Obergefell (2015) found rights not written in the text.
  • The same Constitution gave opposite results (Roe then Dobbs) as the majority changed.

The Court is essentially legal

  • Brown (1954) was unanimous and grounded in the Fourteenth Amendment.
  • Loving (1967) applied the Equal Protection Clause, not a policy preference.
  • The Court cannot enforce its rulings - it depends on the other branches.
  • It self-corrects: Brown overturned Plessy, showing law not fixed partisanship.
  • Justices split in ways that cross simple party lines on many cases.

Strongest answers concede the Court makes value choices but insist it does so through legal reasoning, then judge how political it has become under the Roberts Court.

Quick check: ten questions
Question 1 / 10Score 0
Use it in the 30-marker

For "is the Supreme Court too political / too powerful?", build one paragraph on rights expansion (Brown, Loving, Roe, Obergefell) and one on restriction (Dobbs, SFFA, Citizens United), then judge whether appointments have made it partisan.

Always pair a case with what it shows, not just its name: Dobbs = precedent overturned as the majority changed; Brown = unanimous, law-led. Pairing is the AO2 mark.

Test the same cases as judgements: rights-expanding or rights-restricting?
Open the decisions grid →