New judicial ___ is the adaptation of the traditionally conservative ideals of federalism and states' rights to a more liberal use, by interpreting state constitutions' bills of rights to give more or greater protection than the Supreme Court has interpreted as being available under the US Constitution's Bill of Rights. (Describing this trend, an example, and the Supreme Court's limitation placed on the trend would be a good essay question.)
According to O'Brien, public approval of the Court is becoming more ___, and there is a strong relationship between public support and whether the segment of society is being looked at agrees with the Court's recent high-profile rulings and perceived political ideology.
The term “anticipatory ___” refers to lower federal court decisions that appear to anticipate the Supreme Court's future rulings on the basis of recent changes in its direction.
With occasional exceptions, the current Supreme Court's opinions are usually announced via a short ___ summary from the bench, with the full written opinion published in "slip opinion" form on the Court's website and in print the same day.
The long history and mixed results in the implementation of the Court's decision in ___ v. Board of Education (1954) highlights the problems with implementing Supreme Court rulings and the need for all three branches to cooperate and coordinate to achieve implementation.
___ and orientations of judges generally play into the extent to which judges will engage in public policymaking and what substantive direction their policymaking might take. (Identifying these background ___/orientations that judges bring with them to the job, and how they might influence a judge's propensity to engage in policymaking and what direction that policymaking might go would be a good essay question.)
The ___ of a case itself has a strong impact on whether a judge can engage in public policymaking in that case.
The ___ court theory posits that because of the judiciary's relative electoral freedom, it is uniquely free to take on issues that other political bodies cannot.
The Supreme Court remains dependent on the attitudes and actions of their immediate constituents (government legal communities, and the legal profession in general) and elected officials' implementation, of their decisions, including the development of policies and programs putting into effect a new ruling. An example of this is the anticipated and initially reluctant, but now (almost) universal law enforcement procedure, of advising a criminal suspect of their rights after the Court's ___ decision.
The ___, incremental nature of the judicial decision-making process, with its emphasis on precedent, stability, and continuity, generally tempers the extent to which judges will engage in public policymaking that makes a drastic or abrupt change from the status quo.
Two major national ___ areas influencing life in the US in which the federal judiciary has taken the lead are racial equality and criminal due process.
As Alexander Hamilton noted, the Court has neither the __ of the sword nor the purse. The Court’s ___, O'Brien points out, "stems from its duty to give authoritative meaning to the Constitution and rests with the persuasive forces of reason, institutional prestige, the cooperation of other political institutions, and ultimately, public opinion." (Discussion of various aspects of this concept, drawing from our discussions at the beginning of the semester through discussions at the end of the consequences when the Court moves "too far or too fast" would be a good essay topic.)