Assume you are a member of the White House legal team. At this important juncture of her administration, there are several legal developments the President needs legal guidance on. For each question, give a thorough answer, being careful to consider and discuss the legal concepts discussed in our material and lectures.
In the recent Dobbs decision the Supreme Court overturned Roe v. Wade, finding there is no constitutional right to an abortion, thereby rendering those issues to the states. The President and the House Speaker want to fight that change. Advise the President two specific ways she might accomplish her goal, within the context of the constitutional checks and balances on the Supreme Court, in order to preserve the right to abortion as a constitutional right. Your advice is not limited to Executive Branch action.
The President has a weak environmental record. Moreover, she is supported by Pharmawaste, a corporation who disposes of medical waste. Recently, several states have passed laws limiting the amount of out of state medical waste that can be imported into the respective state. The President believes she has the influence in Congress to get legislation passed on the issue. Advise the President on two specific concepts allowing Congress to control or influence the individual state laws on medical waste.
The President is aware of two cases pending before the Supreme Court. Both cases challenge a state law on the basis they violate the Equal Protection Clause of the 14th Amendment. In the first case, Black and Gold Fan Club v. Ohio, a group of Steeler fans are challenging an Ohio law forbidding flying Steeler flags during the week they play the Bengals or Browns. In the second case, Hernandez v. New York, an American citizen (former Mexican citizen) challenged a New York law forbidding the flying of Latin American Flags during October (Hispanic Heritage month). Advise the President as to the analysis the court will use, specifically identifying any relevant class important to the analysis and test to be used by the Court.