8.4 The Supreme Court at Work

Court Procedures• The Supreme Court meets about 9 months each

year, each term begins the first Monday in October and runs as long as the business before the court requires

• Special sessions may be called to deal with matters that cannot wait; between terms the justices study new cases and catch up on other Court work

Court Procedures• Justices review a list of

possible cases and consider their merits, it will accept a case if 4 out of the nine justices agree to do so, accepted cases go on the Court docket, or calendar

• The number of cases handled in a given period is called the caseload, thousands of cases are filed each year but the Court only may decide several hundred cases

Court Procedures• In opinions that

accompany the cases, the Court sets out general principles that apply to the nation as well as the specific parties in the case

• It is mainly through these cases that the Court interprets the law and shapes public policy

Selecting Cases• Supreme Court justices

decide to hear only certain kinds of cases; they usually decide to hear a case if it involves a significant Constitutional question

• In most instances, such questions center around the Bill of Rights and other amendments that deal with issues such as freedom of speech and a fair trial

Selecting Cases• They select cases that

involve legal disputes as well as those that affect the entire nation rather than individuals or groups

• Most appeals reach the Court by a request for a Writ of Certiorari which directs a lower court to send its records on a case to the Supreme Court for review

Steps in Decision Making

1. Written Arguments: Once the court takes a case, the lawyers for each side prepare a brief, a written document that explains one side’s position on the case; justices study these briefs

Steps in Decision Making2. Oral Arguments: Lawyers for each side get

30 minutes to summarize their case, the justices ask the lawyers questions about the case

Steps in Decision Making3. Conference: Fridays the justices make decisions;

these meetings take place in secret and the chief justice presides over the discussion. A majority of at least 5 votes decides a case, at least 6 justices must be present for a decision

Steps in Decision Making4. Opinion Writing: Once the

court has reached a decision one justice will write the majority opinion which presents the views of the majority of the justices on a case

• The opinion states the facts of the case, announces the ruling, and explains the courts reasoning in reaching the decision

Steps in Decision Making• Written opinions are important because they

set a precedent for lower courts to follow and they announce the Court’s view to Congress, the President, to interest groups, and to the public

Steps in Decision Making• A justice who votes

with the majority but for different reasons may write a concurring opinion

Steps in Decision Making• Justices who oppose

the majority decision may write a dissenting opinion

Steps in Decision Making• A unanimous opinion occurs when all justices

vote the same way

Steps in Decision Making5. Announcement: When opinion writing is

completed the Court announces its decision, the Supreme Court and other courts around the country use the written opinions to guide their decisions regarding new cases

Reasons for Court Decisions• The law is the

foundation for deciding cases that come before the Supreme Court

• A guiding principle for all judges is called stare decisis a Latin term that means “let the decision stand”, by following precedent courts make laws predictable

Reasons for Court Decisions• At the same time, the law needs to be flexible

to adapt to changing times; as the highest court in the land, the Supreme Court is in a position to overrule outdated precedents

• When social conditions change, the Court may make new interpretations of the law, ex. Racial segregation

Reasons for Court Decisions• In the Supreme Court case Plessy v. Ferguson the

Supreme Court ruled the equal protection clause of the Fourteenth Amendment permitted “separate but equal” facilities for whites and African Americans

Reasons for Court Decisions• In 1954, the Supreme Court case of Brown v. Board

of Education the Court overturned the precedent of “separate but equal,” they found segregation was a violation of the equal protection clause of the Fourteenth Amendment

Reasons for Court Decisions• Justices have varying

views of the law and the role of courts in our society, some believe the Court should be very active and hear different kinds of cases

• Others believe the Court should hesitate to use its power of judicial review to promote new ideas or policies

Reasons for Court Decisions• Justices also use their personal beliefs in

deciding cases; they try to be as objective as possible but they are human beings and see the world based on their life experiences