Judicial activism vs. judicial restraint

Posted on January 25, 2022 by Cheapest Assignment

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U10477 Foundation Year in Business and Law

Congress should be allowed to legislate outdated statutes. The U.S. constitution places Congress and the preliminary branch among equals.  This institution is the country’s first democratic branch to check presidential power and counter an expanding list of policy alterations. According to Gould & Olatunde (2019), the Supreme court has expressed doubt and suspicion over Congress’s motive and competence.  This move endangers the country’s democracy by placing the supreme court at the centre of legislation. 

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Gould & Olatunde (2019) further outline that the Supreme Court continues to characterize Congress as undemocratic than the executive, as seen in Seila v. CFPB. It established that congressional limits on the president’s ability to oust the Consumer Financial Protection Bureau chief were contrary to the constitution. The court asserted that Congress presents a threat to individual liberty.  In this regard, empowering the Supreme court will undermine Congress as a critical player in the country’s democracy.

The impact of the ruling on human resource practices

The Supreme Court ruling will force companies to adopt rules that denounce gender identity and sexual orientation as a consideration when hiring, promoting, or firing employees. Additionally, employers will face questions about the provision of same-sex spousal benefits like medical insurance (Scheiber, 2020). As a human resources manager, I will extend medical insurance benefits to same-sex spouses. Apart from the one-off decisions like hiring, I will ensure equal treatment for all employees regardless of their gender identities. The judgment calls for diversity training in the workplace.

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Diversity training will ensure that all employees interact equally with all staff members irrespective of their identities, whether sexual or cultural.


Gould, J.  & Olatunde, J. (2020, July 21). SCOTUS doesn’t trust congress-and that’s a problem for the American government. Retrieved October 27, 2020, from https://www.theatlantic.com/ideas/archive/2020/07/scotus-congress-trust/614380/

Scheiber, N. (2020). Gay rights ruling pushes workplace dynamic already in motion. Retrieved October 27, 2020, from https://www.bizjournals.com/charlotte/news/2020/06/16/gay-rights-ruling-pushes-workplace-dynamic.html

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