The Supreme CourtThe Supreme Court

The Final Word in American The Final Word in American LawLaw

What is the Supreme Court?What is the Supreme Court?

► The Supreme Court is The Supreme Court is the highest court in the the highest court in the U.S.U.S.

► It has final authority in It has final authority in all cases involving the all cases involving the Constitution, Constitution, (Marbury v Madison) (Marbury v Madison) acts of Congress, acts acts of Congress, acts of the Executive of the Executive Branch, and treaties Branch, and treaties with other nations.with other nations.

How does the Supreme Court How does the Supreme Court get it’s cases?get it’s cases?

►Most cases have been passed through either Most cases have been passed through either the lower federal courts or have gone through the lower federal courts or have gone through the upper levels of the state courts (though it the upper levels of the state courts (though it can only rule on federal laws, not state law).can only rule on federal laws, not state law).

► Some cases, those involving representatives Some cases, those involving representatives from foreign governments or those involving from foreign governments or those involving state governments, can be first heard in the state governments, can be first heard in the Supreme Court.Supreme Court.

► The Supreme Court picks that cases that it The Supreme Court picks that cases that it wants to hear, it is not obligated to listen to wants to hear, it is not obligated to listen to all of the cases that are appealed to it.all of the cases that are appealed to it.

How does the Court rule?How does the Court rule?

►The court rules on how the nine justices The court rules on how the nine justices interpret what the Constitution states. interpret what the Constitution states.

►What judicial philosophies come into What judicial philosophies come into place?place?

►Strict Constructionists vs. Loose Strict Constructionists vs. Loose ConstructionistsConstructionists

►More liberal judges tend to be loose More liberal judges tend to be loose constructionists.constructionists.

►More conservative judges tend to be strict More conservative judges tend to be strict constructionists.constructionists.

Who sits on the Supreme Who sits on the Supreme Court?Court?

► Sonia Sotomayer (2009)Sonia Sotomayer (2009)► Antonio Scalia (1986)Antonio Scalia (1986)► Anthony Kennedy Anthony Kennedy

(1988)(1988)► Elena Kagen (2010)Elena Kagen (2010)► Clarence Thomas (1991)Clarence Thomas (1991)► Ruth Bader Ginsburg Ruth Bader Ginsburg

(1993)(1993)► Stephen Breyer (1994)Stephen Breyer (1994)► John Roberts (2005)John Roberts (2005)► Samuel Alito (2006)Samuel Alito (2006)

U.S. Supreme Court TodayU.S. Supreme Court Today

► Chief Justice John Roberts, Chief Justice John Roberts, Jr.Jr.

► Associate Justices:Associate Justices:

• ANTONIN SCALIA• ANTHONY M. KENNEDY• CLARENCE THOMAS• RUTH BADER GINSBURG• STEPHEN G. BREYER• SAMUEL A. ALITO, JR.• SONIA SOTOMAYOR• ELENA KAGAN

What do the justices do?What do the justices do?► The Constitution does The Constitution does

not define what the not define what the Court does, unlike the Court does, unlike the President and Congress.President and Congress.

► #1 – They decide which #1 – They decide which cases that they will hear cases that they will hear argued.argued.

► #2 – They decide the #2 – They decide the outcome of the cases.outcome of the cases.

► #3 – They write #3 – They write opinions either agreeing opinions either agreeing or disagreeing with the or disagreeing with the decision of the Court.decision of the Court.

Appointing JusticesAppointing Justices

► The President appoints The President appoints a justice to the a justice to the Supreme Court.Supreme Court.

► The Senate must The Senate must approve all of the approve all of the President’s nominees.President’s nominees.

► Justices are appointed Justices are appointed for life. for life. Why?Why?

► So that they do not So that they do not have to campaign or have to campaign or have their decisions have their decisions altered by outside altered by outside influences.influences.

Judicial SelectionJudicial Selection

The Roberts Court, 2010Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

Judicial SelectionJudicial Selection

► NoNo formal qualifications for federal judges formal qualifications for federal judges► Federal judges serve Federal judges serve “during good behavior”,“during good behavior”, which which

generally means for lifegenerally means for life• Why?Why? – allows judges to be free from political pressures when – allows judges to be free from political pressures when

deciding cases (don’t have to worry about being re-elected)deciding cases (don’t have to worry about being re-elected)

► May be removed from office through May be removed from office through impeachmentimpeachment and and convictionconviction• 1212 federal judges impeached – federal judges impeached – 7 7 found guilty and removedfound guilty and removed

Judicial Selection:Judicial Selection:Lower CourtsLower Courts

► President has little to do with choosingPresident has little to do with choosing► Due to large # of appointments, the Due to large # of appointments, the Department of JusticeDepartment of Justice and and

the the White House staffWhite House staff handle most of these nominations handle most of these nominations

► Senatorial CourtesySenatorial Courtesy: : allowing senators from president’s party allowing senators from president’s party who represents the state with the vacancy to approve or who represents the state with the vacancy to approve or disapprove nomineesdisapprove nominees

Judicial Selection:Judicial Selection:Supreme CourtSupreme Court

► President gives more attention to nominations to Supreme Court (higher President gives more attention to nominations to Supreme Court (higher visibility and importance)visibility and importance)

► When making appointments, presidents often considerWhen making appointments, presidents often consider::

• Party affiliationParty affiliation – – chooses judges from their pol.partychooses judges from their pol.party

• Judicial philosophyJudicial philosophy – – chooses judges who share their political ideologychooses judges who share their political ideology

• Race, gender, religion, regionRace, gender, religion, region

• Judicial experienceJudicial experience – – previous experience as judge or attorneyprevious experience as judge or attorney

• ““litmus test”litmus test” – – chooses a judge based on their view on 1 single issue (ex. chooses a judge based on their view on 1 single issue (ex. Abortion)Abortion)

• Acceptability Acceptability – – chooses a judge who is non-controversial and will be chooses a judge who is non-controversial and will be easily confirmed by the Senateeasily confirmed by the Senate

Background of Supreme Court JudgesBackground of Supreme Court Judges► Almost all federal judges haveAlmost all federal judges have

• Had legal trainingHad legal training

• Held positions in governmentHeld positions in government

• Served as lawyers for leading law firmsServed as lawyers for leading law firms

• Served as federal district attorneyServed as federal district attorney

• Served as law school professorsServed as law school professors

► Few African-Americans, Hispanics, or WomenFew African-Americans, Hispanics, or Women► President Lyndon B. JohnsonPresident Lyndon B. Johnson appointed appointed first African Americanfirst African American Supreme Supreme

Court JusticeCourt Justice, , Thurgood MarshallThurgood Marshall► President Ronald ReaganPresident Ronald Reagan appointed the appointed the first female Supreme Court Justice, first female Supreme Court Justice,

Sandra Day O’ConnorSandra Day O’Connor

The Supreme Court At WorkThe Supreme Court At Work► When is the Supreme Court in session?When is the Supreme Court in session?

• Term of the Supreme Court begins on the Term of the Supreme Court begins on the first Monday in Octfirst Monday in Oct. and . and generally lasts until generally lasts until June or JulyJune or July of the following year of the following year

The Supreme Court At WorkThe Supreme Court At Work► How does the Supreme Court accept a case to review?How does the Supreme Court accept a case to review?

• ThousandsThousands of cases are appealed to the Supreme Court every year- only of cases are appealed to the Supreme Court every year- onlya a few hundredfew hundred are actually heard are actually heard

• Most cases denied becauseMost cases denied because1.) Justices agree with the lower court decision1.) Justices agree with the lower court decision2.) Justices believe the case does not involve a significant point of law2.) Justices believe the case does not involve a significant point of law

• Cases that are accepted must meet the Cases that are accepted must meet the rule of fourrule of four• Four of the nine justices must agree to hear the caseFour of the nine justices must agree to hear the case

• Many of the cases accepted may be disposed of in Many of the cases accepted may be disposed of in brief ordersbrief orders• Returned to the lower court for reconsideration because of a related Returned to the lower court for reconsideration because of a related

case which was recently decided case which was recently decided • Cases presented to the Supreme Court may be presented throughCases presented to the Supreme Court may be presented through

1.) Writ of Certiorari1.) Writ of Certiorari – an order by the Court (when petitioned) directing a – an order by the Court (when petitioned) directing a lower court to send up records of a case for reviewlower court to send up records of a case for review

2.)Certificate2.)Certificate – a lower court asks the Supreme Court about a rule of law or – a lower court asks the Supreme Court about a rule of law or procedures in specific casesprocedures in specific cases

Briefs and Oral ArgumentsBriefs and Oral Arguments

► Once a case reaches the Supreme Court, lawyers for each party Once a case reaches the Supreme Court, lawyers for each party file a written file a written briefbrief• A detailed statement of the facts of the case supporting a particular A detailed statement of the facts of the case supporting a particular

position by presenting arguments based on relevant facts and position by presenting arguments based on relevant facts and citations from previous casescitations from previous cases

► Oral argumentsOral arguments allow both sides to present their positions to the allow both sides to present their positions to the justices during a justices during a 30 minute period30 minute period• Justices may interrupt lawyers during this time, raising questions or Justices may interrupt lawyers during this time, raising questions or

challenging points of lawchallenging points of law

Writing OpinionsWriting Opinions

► Supreme Court decisions are explained in a written statement Supreme Court decisions are explained in a written statement called an called an opinionopinion

► If voting with the majority, the If voting with the majority, the chief justicechief justice selects who will selects who will write the opinionwrite the opinion

► If voting with the minority, the most If voting with the minority, the most senior associate justicesenior associate justice of of the majority selects who will write the opinionthe majority selects who will write the opinion

Writing OpinionsWriting Opinions3 Types of Opinions3 Types of Opinions::

1.) Majority Opinion1.) Majority Opinion – opinion agreed upon by a majority of the justices – opinion agreed upon by a majority of the justices

2.) Concurring Opinion2.) Concurring Opinion – written by a justice or justices who agree with – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the decisionthe majority opinion, but not with the reasoning behind the decision

3.) Dissenting Opinion3.) Dissenting Opinion – written by a justices or justices who disagree – written by a justices or justices who disagree with the majority opinionwith the majority opinion

► Majority opinion become Majority opinion become precedentsprecedents• Standards or guides to be followed in deciding similar cases in the Standards or guides to be followed in deciding similar cases in the

futurefuture• Ex. Ex. Roe v. Wade Roe v. Wade (abortion),(abortion), Mapp v. Ohio Mapp v. Ohio (exclusionary rule)(exclusionary rule)

Supreme Courts Through HistorySupreme Courts Through HistoryWarren Court (1953-1969)Warren Court (1953-1969)► Led by Led by Chief Justice Earl WarrenChief Justice Earl Warren► Often said to be the Often said to be the “most liberal court ever”“most liberal court ever”► Important cases decidedImportant cases decided

• Brown v. Board of Education (1954)Brown v. Board of Education (1954) – – ended segregation in public schoolsended segregation in public schools

• Gideon v. Wainwright (1963)Gideon v. Wainwright (1963) – states required to provide attorneys for those – states required to provide attorneys for those accused of a crimeaccused of a crime

• Miranda v. Arizona (1966)Miranda v. Arizona (1966) – – police have to inform anyone questioned of their police have to inform anyone questioned of their rights in order to use the information in courtrights in order to use the information in court

Supreme Courts Through HistorySupreme Courts Through HistoryBurger Court (1969-1986)Burger Court (1969-1986)► Led by Led by Chief Justice Warren BurgerChief Justice Warren Burger► Returned the Supreme Court to a Returned the Supreme Court to a more conservativemore conservative ideology ideology► Appointed by Appointed by Richard NixonRichard Nixon► Important cases decided:Important cases decided:

• Roe v. Wade (1973)Roe v. Wade (1973) – declared abortions legal with special time – declared abortions legal with special time constraintsconstraints

• U.S. v. Nixon (1974)U.S. v. Nixon (1974) – – ruled that President Nixon’s private recordings ruled that President Nixon’s private recordings were not protected under presidential privilege and ordered them be were not protected under presidential privilege and ordered them be turned over to the house investigatorsturned over to the house investigators

Supreme Courts Through HistorySupreme Courts Through HistoryRehnquist Court (1986-2005)Rehnquist Court (1986-2005)► Led by Led by Chief Justice William RehnquistChief Justice William Rehnquist► Conservative courtConservative court that continued to limit, but not reverse, decisions of that continued to limit, but not reverse, decisions of

earlier more liberal courts in the areas of defendant’s rights, abortion, and earlier more liberal courts in the areas of defendant’s rights, abortion, and affirmative actionaffirmative action

► Important cases decidedImportant cases decided• Planned Parenthood v. Casey (1992)Planned Parenthood v. Casey (1992) – – upheld and ruled constitutional a upheld and ruled constitutional a

Pennsylvania law requiring a minor to wait 24 hours after receiving parental Pennsylvania law requiring a minor to wait 24 hours after receiving parental approval before getting an abortion – but ruled unconstitutional a provision approval before getting an abortion – but ruled unconstitutional a provision that required a woman to obtain “informed spousal consent”that required a woman to obtain “informed spousal consent” before having an before having an abortionabortion

• Roper v. Simmons (2004)Roper v. Simmons (2004) – –declared that the death penalty was unconstitutional declared that the death penalty was unconstitutional for anyone under the age of 18for anyone under the age of 18

Judicial PhilosophyJudicial Philosophy

2 Types:2 Types:

1.) Judicial Activism1.) Judicial Activism The court should play a more active role in creating national policies and The court should play a more active role in creating national policies and

answering questions of conflict in societyanswering questions of conflict in society

2.) Judicial Restraint2.) Judicial Restraint The court should operate strictly within the limits of the Constitution and The court should operate strictly within the limits of the Constitution and

only answer questions if a clear violation of the Constitution is present. only answer questions if a clear violation of the Constitution is present. Policy making should be left up to the executive and legislative branches.Policy making should be left up to the executive and legislative branches.