Case Study: Using the Supreme Court's Affordable Care Act Decision to Introduce Judicial Review Philosophies in a Legal Environment Course

摘要

In conclusion, students in an introductory legal environment course are confronted with a variety of legal concepts that are both complex and subtly nuanced in ways that they often have not encountered in other contexts. Judicial review and its underlying philosophies of judicial activism and judicial restraint present one such challenge. As such, the challenge is to find a relatable context through which to present these concepts. The recent Supreme Court decision on the Affordable Care Act provides an ideal case study for discussion of the theories underlying judicial restraint and judicial activism and their importance to the more basic concept of judicial review. Not only are students generally familiar with the background to this case, but the opinions issued are such that common misunderstandings can be easily addressed. The end result is that students walk away with a more accurate understanding of judicial review and its underlying philosophies as well as a more solid grip on how these concepts can impact their day-to-day lives in ways they may not have previously considered.