AP US Government · Free-response guide
How to answer the AP Gov SCOTUS comparison FRQ
By the CollegePrepRoom editorial team · Updated · How we write and check these pages
The Supreme Court comparison question is the third free-response question on the AP U.S. Government and Politics exam. You read a summary of a Supreme Court case that is not on the course's required list, then compare it with a required case named in the question. You explain how the two cases are similar or different and what the comparison shows about constitutional principles or government action.
Success depends on two things: knowing the required cases well enough to describe their facts and holdings, and reading the new case summary carefully. This guide explains how the question is scored, how to prepare the required cases efficiently, a method for writing the comparison under time, and examples of answers at different levels.
SCOTUS comparison at a glance
| Where it appears | Section II, Question 3 |
|---|---|
| Stimulus | A summary of a non-required Supreme Court case |
| Comparison | With a required Supreme Court case named in the question |
| Score | 4 points across parts A, B and C |
| Suggested time | About 20 minutes |
| Section II | Four free-response questions, each worth 12.5% of the exam score |
How the SCOTUS comparison is scored
The SCOTUS comparison is scored out of 4 points. Each row of the rubric is scored separately, so you can earn points in one row even if you miss another.
| Rubric row | Points | What earns the points |
|---|---|---|
| Part A | 1 | Typically asks you to identify a similarity or difference between the two cases, often the constitutional clause or principle at issue in both. |
| Part B | 2 | One point for describing relevant facts or the holding of the required case. One point for explaining how or why those facts or that holding led to a similar or different outcome from the non-required case. |
| Part C | 1 | Typically asks you to explain an implication of the holding in the non-required case, for example how an individual, interest group, Congress or a state could respond to it. |
| Total | 4 | Points from all rows are added together. |
- Part B is worth two points and depends on accurate knowledge of the required case. Learn each required case's constitutional question, key facts, holding and reasoning.
- The question does not test minor details of a required case. You must still describe it specifically enough that a reader knows which case you mean.
- The non-required case summary states the facts, the question and the holding of that case. Base your answer on its details.
Rubric summaries are written in our own words from the publicly available AP course and exam materials. Check the current official scoring guidelines for exact wording, as they can be revised.
Step-by-step method
Read the required case named in the question first
Before reading the summary, write down what you remember about the required case: the facts, the constitutional clause, the holding and the reasoning. This keeps the new summary from distorting your memory.
Read the summary for the same four elements
Mark the facts, the constitutional question, the holding and the reasoning in the non-required case. The summary is usually written to make the comparison possible.
Describe the required case's facts in part B
Give the essential facts and the holding in one or two sentences. For example: in Tinker v. Des Moines, students wore black armbands to protest the Vietnam War, and the Court held that the school violated their First Amendment rights because the armbands did not substantially disrupt school.
Explain the comparison with because
Explain how the facts of the two cases led to similar or different holdings. Focus on the distinguishing detail: the setting, the type of government action, whether there was disruption, or the level of government involved.
Think practically for part C
Part C often asks how someone could respond to the non-required decision. Possible responses include passing legislation within the decision's limits, proposing a constitutional amendment, bringing new lawsuits, lobbying, or states changing their own policies. Explain how the response would work.
Write in short, labeled paragraphs
Label parts A, B and C. Two or three sentences per point is usually enough.
Check case names and clauses
Before moving on, reread your answer for accuracy: the right case name, the right clause and the right holding.
Common mistakes
Vague description of the required case
'In the required case the Court protected rights' is too general to describe the case. Give facts and the holding.
Mixing up clauses
Confusing the Establishment Clause with the Free Exercise Clause, or due process with equal protection, can cost points in several parts.
Comparing outcomes without reasons
Saying the cases had different outcomes without explaining the facts that distinguish them misses the explanation point.
Summarizing the non-required case
Retelling the summary leaves out the comparison the task requires.
Unrealistic responses in part C
Suggesting the president can overturn a Supreme Court ruling is inaccurate. Use real mechanisms.
Memorizing names without facts
Part B requires facts and holdings. Learn both for each required case.
Example: a comparison with a required case
Invented non-required case for illustration: a public high school suspends a student for wearing a T-shirt with a political slogan. The school shows no evidence of disruption. A court holds that the suspension violated the First Amendment. Compare with Tinker v. Des Moines Independent Community School District (1969).
Part A, earns the point
Both cases involve the First Amendment's protection of freedom of speech for students in public schools.
Part B, required-case description
In Tinker, students were suspended for wearing black armbands to protest the Vietnam War, and the Supreme Court held that the suspension violated the First Amendment because students do not lose their free speech rights at school unless their expression substantially disrupts the school.
Part B, comparison
The holdings are similar because in both cases the student engaged in political expression that did not cause substantial disruption, so under the standard set in Tinker, the school could not punish the speech.
Part C, earns the point
A school district that disagreed could write a dress-code policy that applies only to clothing likely to cause substantial disruption, which would regulate student expression within the limits the courts have set.
All prompts, passages and sample sentences on this page are original examples written for illustration. They are not official exam material.
Practice prompts
Original prompts in the style of the SCOTUS comparison, written by our editorial team for practice. They are not official exam questions.
- A school district requires students to recite a prayer written by a state board before class. A court rules the requirement unconstitutional. Compare with Engel v. Vitale.
- A state requires all children to attend school until age 18, and a religious community objects. Compare with Wisconsin v. Yoder.
- A newspaper plans to publish leaked government documents, and the government seeks to stop publication. Compare with New York Times Co. v. United States.
- A state draws a district primarily on the basis of race. Compare with Shaw v. Reno.
How to practice the SCOTUS comparison
For each required case, make a card with four lines: the constitutional clause, the key facts in one sentence, the holding in one sentence, and the reasoning in one sentence. Practice by writing the card from memory, then checking it.
Practice comparisons by pairing required cases on the same clause, such as two speech cases or two federalism cases, and explaining why the outcomes differ.
Free practice prompt
Lessons in the AP US Government course
Related guides and terms
SCOTUS comparison: frequently asked questions
How many required Supreme Court cases are there in AP Gov?
The course framework lists a set of required Supreme Court cases, including Marbury v. Madison, McCulloch v. Maryland, Tinker v. Des Moines and Brown v. Board of Education. Check the current course and exam description for the full list, as it can be revised.
Do I need to know the non-required case?
No. The question gives you a summary of the non-required case with the information you need. You must know the required case from memory.
How much detail do I need about the required case?
Enough to describe its facts, the constitutional question and the holding accurately, and to explain how it compares with the new case.
How many points is the SCOTUS comparison worth?
It is scored out of 4 points: one in part A, two in part B and one in part C. Each free-response question counts for 12.5% of the exam score.