The Supreme Court has considered cases related to gay marriage, abortion and healthcare. This would include cases like California’s Proposition 8 case and a set of cases challenging the federal Defense of Marriage Act (known as DOMA), cases dealing with abortion such as Roe v. Wade and subsequent cases dealing with restrictions at the state level as well as issues related to the Affordable Health Care Act also know as Obamacare. Explore PBS’s Supreme Court Watch website (http://www.pbs.org/newshour/news/supreme-court/ (Links to an external site.)). This site has good information both on the Supreme Court and recent cases.
Debate with your classmates whether the Supreme Court is the appropriate institution to resolve the issues of gay marriage, abortion or healthcare.
Should important societal issues be determined by the courts (and thus unelected judges) or Congress?
Do you believe the courts (not worried about public opinion and only interpreting the law) or Congress (concerned about public opinion as that is how they get and keep their positions) would be more likely to make more fair decisions?
Are gay marriage, abortion or healthcare issues that should be left to the states?
Please support or explain your viewpoint and feel free to give examples as well.