supreme court the justices of the supreme court of the united states
TRANSCRIPT
Supreme CourtSupreme Courthttp://http://www.oyez.org/tour?itemwww.oyez.org/tour?item=introduction=introduction
The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.
Supreme CourtSupreme Court
3 tools to decided cases3 tools to decided cases
1.1. ConstitutionConstitution
2.2. Precedent (Stare Decisis)Precedent (Stare Decisis)
3.3. SocietySociety
Judicial ReviewJudicial Review
Chapter 18, Section 3Chapter 18, Section 3
Judicial review Judicial review power of a court to determine the power of a court to determine the
constitutionality of a government actionconstitutionality of a government action First asserted power of judicial review First asserted power of judicial review
in the case of in the case of MarburyMarbury v. v. MadisonMadison (1803).(1803).
The Court’s decision laid the The Court’s decision laid the foundation for its involvement in the foundation for its involvement in the development of the American system development of the American system of government.of government.
Supreme Court JurisdictionSupreme Court Jurisdiction
Chapter 18, Section 3Chapter 18, Section 3
Both original and appellate jurisdiction. Both original and appellate jurisdiction.
The Court has original jurisdiction over The Court has original jurisdiction over cases involving two or more States and all cases involving two or more States and all cases brought against ambassadors or cases brought against ambassadors or other public ministers.other public ministers.
Most cases heard by the Court are appeals Most cases heard by the Court are appeals cases. The Court hears only one to two cases. The Court hears only one to two cases in which it has original jurisdiction cases in which it has original jurisdiction per year. per year.
How Cases Reach the Supreme CourtHow Cases Reach the Supreme CourtFour of nine judges must agree that it should be placed
on the Court’s docket.
Writ of CertiorariWrit of Certiorari Most cases reach the Most cases reach the
Court via Court via writ of writ of certioraricertiorari, an order , an order to a lower court to to a lower court to send a record in a send a record in a given case for its given case for its review.review.
Cert DeniedCert Denied, court , court refuses to hear caserefuses to hear case
CertificateCertificate Cases can reach Cases can reach
the Court by the Court by certificatecertificate when a when a lower court asks for lower court asks for the Court to certify the Court to certify the answer to a the answer to a specific question in specific question in the matter.the matter.Start with 8,000 cases½ returned to lower court for reconsideration
Appealing a Case to the Appealing a Case to the Supreme CourtSupreme Court
Chapter 18, Section 3Chapter 18, Section 3
How the Supreme Court OperatesHow the Supreme Court Operates
Oral ArgumentsOral Arguments• 30 minutes to discuss the key Constitutional 30 minutes to discuss the key Constitutional
issue onlyissue only• Solicitor General-Fed. Gov’t chief lawyerSolicitor General-Fed. Gov’t chief lawyer
BriefsBriefs• Briefs are written documents filed with the Briefs are written documents filed with the
Court before oral arguments begin.Court before oral arguments begin.• AMICUS CURIAE-”Friend of the court” briefsAMICUS CURIAE-”Friend of the court” briefs
• Not a party to the case, but “interested in Not a party to the case, but “interested in outcome”outcome”
• He speaks 1He speaks 1stst & votes 1 & votes 1stst—rest speak & vote —rest speak & vote based on seniority.based on seniority.
Chapter 18, Section 3Chapter 18, Section 3
The Court in ConferenceThe Court in Conference• The Chief Justice presides over a closed-The Chief Justice presides over a closed-
door conference in which justices door conference in which justices present their views on the case at hand.present their views on the case at hand.
• He speaks 1He speaks 1stst & votes 1 & votes 1stst—rest speak & vote—rest speak & vote
• Why do Justices change their mind and vote Why do Justices change their mind and vote differently than expected?differently than expected?
Opinions of the CourtOpinions of the Court
Majority OpinionThe majority opinion, formallycalled the Opinion of the Court,announces the Court’s decision in acase and its reasoning on which it isbased.
PrecedentsThe majority opinions stand asprecedents, or examples to befollowed in similar cases as theyarise in the lower courts or reach theSupreme Court.
Concurring OpinionsConcurring opinions aresometimes authored by justices toadd or emphasize a point that wasnot made in the majority opinion.
Dissenting OpinionsDissenting opinions are oftenwritten by those justices who do notagree with the Court's majorityopinion.
Chapter 18, Section 3Chapter 18, Section 3
Once the Court finishes its conference, it reaches a decision and its opinion is written.
How do Supreme Court decisions How do Supreme Court decisions differ from Legislative or Executive differ from Legislative or Executive
Branch decisions?Branch decisions?