POLS 4720 Study Guide - Spring 2018, Comprehensive Midterm Notes - Supreme Court Of The United States, Oyez Project, United States Constitution
12 Oct 2018
School
Department
Course
Professor
POLS 4720
MIDTERM EXAM
STUDY GUIDE
Fall 2018
In 2010, Walter Fernandez objected to a search of his apartment. In Georgia v. Randolph,
the Supreme Court held that the consent of an occupant cannot override the objection of a
present co-tenant. However, after Walter Fernandez made an objection to the search, he was
lawfully arrested. The police came back at a later time to ask his co-tenant for permission to
search, which she granted. The issue in Fernandez v. California is whether or not Georgia v.
Randolph’s protection of the objecting tenant’s wishes is extended in the absence of the co-
tenant once police are already aware of the objection, in regards to the Fourth Amendment
(SCOTUSblog).
Supreme Court Justice Samuel A. Alito, Jr. was a President George W. Bush nominee,
and he had the closest confirmation vote in more than a decade. The Senate was unable to decide
which side of the ideological spectrum Justice Alito fell on, as there were signs of
conservativism in some matters and liberalism in other matters (Samuel A. Alito, Jr.). Justice
Samuel Alito, Jr. was not able to participate in the Georgia v. Randolph decision, so it will take a
compilation of his past decisions to determine how he is likely to vote in Fernandez v.
California. Due to the controversial nature surrounding the disconnect between Justice Alito’s
words and actions, his decisions in a number of cases can reveal his true nature and where he
stands on the political spectrum.
First, by looking at a number of cases unrelated to the Fourth Amendment, we can see
that Justice Alito is right-leaning ideologically. In Gonzales v. Carhart, the Supreme Court
decided the Partial-Birth Abortion Ban Act was not unconstitutionally vague, nor did it place an
undue burden on a woman’s right to abortion. The Act applied only to a specific procedure, and
Justices Roberts, Scalia, Kennedy, Thomas, and Alito were on the majority side. With the
exception of Kennedy, who is generally seen as a swing vote, these justices are seen as
find more resources at oneclass.com
find more resources at oneclass.com
conservative justices on the court. The placement of restrictions on abortion procedures is
considered a win among conservative individuals across the nation.
find more resources at oneclass.com
find more resources at oneclass.com
