C O M P O S I T I O N , C A S E L O A D A N D C U R R E N T I S S U E S
THE SUPREME COURT
SUPREME COURT SELECTIONS
• Nominee is given to Senate Judiciary Committee.• Nominee grilled by Senate Judiciary• Nominee testifies before committee• Senate Judiciary approves or rejects the nominee• Nominations that are approved by Senate Judiciary, will
go to full Senate vote - can be filibustered
• *What is the check on the power of the Supreme Court taking place here? • *By what branch/branches?
CHECKS ON JUDICIAL BRANCH
• Presidential nominees must be approved by Senate (only 29 have been rejected out of 147.)• Judges can be impeached• Number and jurisdiction of courts determined by
Congress• Amendments to Constitution and new laws can
overrule previous court decisions
THE OBAMA SUPREME COURTService Birth
Name, state
Assoc. Justice
Chief Justice
Yrs
Place Date Died Religion
Antonin Scalia, DC
1986 - --- NJ 1936 --- Roman Catholic
Anthony M. Kennedy CA
1988 - --- Calif. 1936 --- Roman Catholic
Clarence Thomas DC
1991 - --- GA 1948 --- Roman Catholic
Ruth Bader Ginsburg DC
1993 --- NY 1933 --- Jewish
Stephen G. Breyer MA
1994 - --- Calif. 1938 --- Jewish
John G. Roberts DC
2005 - --- NY 1955 --- Roman Catholic
Samuel A. Alito Jr. NJ
2006 - --- NJ 1950 --- Roman Catholic
Sonia Sotomayor NY
2009 - --- NY 1954 --- Roman Cathoilc
Elena Kagan NY
2010 - --- NY 1960 --- Jewish
CURRENT MEMBERS
•Chief Justice: John Roberts (C)•Liberal Justices: Elena Kagan, Ruth Bader-Ginsberg Sonia Sotomayor, Stephen Breyer•Conservative Justices: Antonin Scalia, Anthony Kennedy, Clarence Thomas, Samuel Alito.
SUPREME COURT COMPOSITION
• 9 Judges• Called “justices”• Currently on 15th Chief Justice
• Court only hears about 70 cases a year, only 1-2% of cases reach them• Concurring Opinion (Majority) and Dissenting
(Minority) view written.
CONSERVATIVE TILT
BUSH APPOINTEES
•Samuel Alito
•Chief Justice John Roberts
OBAMA’S APPOINTEES
• Sotomayor- First Hispanic Justice.• Promoted from 2nd
Circuit Appeals Court.
• Kagan- Another female appointee• Promoted from Solicitor General
OVER THE YEARS- WHAT’S DEFINED
• National Supremacy and Slavery (1789-1861)• Marbury v. Madison• Dred Scott v. Sandford (1857)
• Government and the Economy (1865-1936)• Protection of private property• Labor Laws
• Government and Political Liberty (1953-1969)• Civil Rights Movement
DECIDING WHAT TO HEAR
• Cornell University’s Supreme Court Calendar• Writ of Certiorari• Court asks to be sent all relevant material on a case from
a lower court
• “Discuss List” – clerks identify cases worth of court review• Rule of Four – if 4 justices vote to accept the case, the
court will do so
• Per Curiam Opinion – brief, unsigned statement of the courts decision• Issued without full review, oral argument, etc.
STEPS IN DECIDING CASES
Submitting Briefs – written statement of legal arguments, relevant facts, and past precedents
Oral Arguments – Each side is given 30 minutes to sum up their arguments where justices can interrupt to ask questions
The Conference – Wednesday’s and Friday’s justices hold a secret meeting to debate the cases before the court. Chief justice presides over the discussion. No minutes are kept. Cases are generally reviewed for 30 minutes. Justices vote – each vote carrying the same weight.
Writing the Opinion Unanimous Opinions where all justices agree (about 1/3 of cases)Majority Opinion expresses views of the majorityConcurring Opinions are written when justices agree with the majority but for different reasonsDissenting Opinions are the opinions of the justices on the losing side of a case