the supreme court at work procedures, how cases reach the court & steps in deciding cases
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THE SUPREME COURT AT WORK
PROCEDURES, HOW CASES REACH THE COURT & STEPS
IN DECIDING CASES
COURT’S PROCEDURES• Court in continuous session
– Originally only 9 months
• Sits for 2 consecutive weeks a month
• Mon-Weds: hear oral arguments• Weds & Fri meet in secret
conferences to decide cases• Other 2 weeks: work on
paperwork & opinions
HOW A CASE REACHES THE COURT
• Writ of Certiorari: either side petitions that a lower court’s decision involved an error raising a serious constitutional issue
• order from the court to a lower court to send up the records on a case for review
• On Appeal• The Solicitor General: appointed by the
President and represents the Government– Determines whether the federal gov’t should
appeal
Donald Verilli, Jr.
SELECTING CASES • Chief justice puts worthy
cases on a “discuss list”• 2/3 of all cert cases never
make it to the list• Some cases are decided
by a brief known as a per curiam opinion– Brief, unsigned statement
of the SC’s decision
• The rest are given the Court’s full consideration
STEPS IN DECIDING CASES• Each side submits a brief detailing
legal arguments, facts & precedents• Parties not directly involved in the
case but with an interest may submit amicus curiae briefs (“friends of the court”)
• Lawyers on each side are allowed 30 minutes to make oral arguments
• The Conference: Weds & Fri justices meet to discuss the case– Due to heavy case load debate usually
lasts just 30 minutes a case
WRITING THE OPINION
• Each justice has 1 vote and a majority is needed to decide the case
4 Types of Opinions1. Unanimous Opinion2. Majority Opinion3. Concurring Opinion4. Dissenting opinion • If the Chief justice agrees with the majority, he assigns the
justice in the majority to write the opinion • If NOT, the most senior justice assigns the task
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