SCOTUS

Chapter 12

Supreme Court of the United States Supreme Court is the ultimate court of

appeals in the United States.

Important functions:– Judicial Review– Resolving conflicts between states– Maintaining national supremacy in law,

and ensuring uniformity in the interpretation of laws.

SCOTUS Their power to hear a case is discretionary.

If the Supreme Court chooses to not hear a case, the lower court ruling stands.

They don’t have to give any rationale for why they have chosen not to hear a case…but sometimes they do.

“Rule of Four”- 4 justices must agree before Court grants review of a case

SCOTUSWrit of Certiorari--formal document

that orders a lower court to send up the records of a case for review by SCOTUS

– Most common way for the Court to put a case on its docket

– Cases may be appealed from both state and federal courts (very few arise under original jurisdiction)

Session Session begins first Monday of October each

year and usually continues through June.

Justices meet in conference weekly to– Discuss list of cases (screened by clerks) and

decide what they will hear (Rule of Four)– Discuss cases that have been argued before the

Court and reach a decision

SCOTUS receives and disposes of approximately 5-9,000 cases a year

Session Cases are heard with all the Justices sitting

together in open court.

Court hears oral arguments (30 minutes from each side) in 2-week cycles

Justices will have received written briefs (statements of legal arguments, relevant facts, and precedents) from both sides beforehand. Interested parties that aren’t litigants may submit amicus curiae briefs.

Session Supreme Court hears about 150 cases of

national importance each year, and 3/4ths of such decisions are announced in full, published opinions.

Majority Opinion- expresses legal reasoning behind decision for future legal reference

Concurring Opinion-written to support majority opinion, but to also stress different Constitutional or legal basis for judgement

Dissenting Opinion- written by justices opposed to all or part of the majority’s decision

Session

Vast majority of cases are settled on principle of Stare Decisis(“let the decision stand”)—earlier decision should hold for the case being considered.

All courts rely heavily on precedent--the way similar cases were handled in the past—to guide current decisions. Lower courts are expected to follow the precedents of highers courts

U.S. Supreme Court

Supreme Court Building located in back of the U.S. Capitol.

9 Justices make up the Supreme Court– 1 Chief Justice– 8 Associate Justices– Life Term

U.S. Supreme Court

U.S. Supreme Court 2011-2012

John G. Roberts, Jr.

Chief Justice Born in 1955 J.D. Harvard Law U.S. Court of

Appeals for DC in 2003 (GWB)

George W. Bush nominated him C.J in 2005 [78-22]

Roman Catholic

Antonin Scalia

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals D.C. in 1982 (Reagan)

Ronald Reagan nominated him in 1986 [98-0]

Roman Catholic

Anthony M. Kennedy

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals 9th Circuit in 1975 (Ford)

Ronald Reagan nominated him in 1988 [97-0]

Roman Catholic

Clarence Thomas

Associate Justice Born in 1948 J.D. Yale U.S. Court of

Appeals D.C. in 1980 (GHWB)

George H.W. Bush nominated him in 1991 [52-48]

Roman Catholic

Ruth Bader Ginsburg

Associate Justice Born in 1933 LL.B Columbia U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated her in 1993 [96-3]

Jewish

Steven G. Breyer

Associate Justice Born in 1938 LL.B. Harvard U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated him in 1994 [87-9]

Jewish

Samuel A. Alito, Jr.

Associate Justice Born in 1950 J.D. Yale U.S. Court of

Appeals 3rd Circuit in 1990 (GHWB)

George W. Bush nominated in 2006 [58-42]

Roman Catholic

Sonia Sotomayor

Associate Justice Born in 1954 J.D. Yale U.S Court of

Appeals 2nd Circuit in 1998 (Clinton)

Barack Obama nominated her in 2009 [68-31]

Roman Catholic

Elena Kagan

Associate Justice Born in 1960 J.D. Harvard U.S. Court of

Appeals (expired) Solicitor General

represents U.S. Government

Obama nominated her in 2010 [63-37]

Jewish

Justices of the Supreme Court

Nine Justices: Eight Associate Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial.

Nomination and confirmation can sometimes become very “political”

Conservative, Moderate, Liberal

Politics of Judicial Selection

Appointments influenced by:A) Political ideology / PartisanshipB) Interest groupsC) Other JusticesD) Senators

Federal system

94 district courts: criminal and civil cases

13 appeals courts: appellate

1 Supreme Court - Judicial review– Marbury v. Madison