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Randy’s Jacket• Randy Phillips is a junior at Winslow
High School. He is originally from Louisiana and moved to Winslow in the 8th grade. On the first cool day of October he wore a jacket that angered some students – a dozen or so went to the office to complain. Mr. Hendsbee told Randy that he had to keep the jacket in his locker and that he could not wear it on school grounds again, citing the school’s dress code. Randy and his parents decide to sue the school on the grounds that the school’s decision violated his 1st Amendment rights to free speech/expression. Who is right?
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So….• What is at issue?• Has the school gone too far?• Even if the jacket does have
a racially charged emblem – is that really a problem in Winslow?
• How do we interpret things like this? Who makes the “rule” that all schools now need to follow?
• What if this- guy was fired because of his tattoos?
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THE SUPREME COURT OF THE UNITED STATESMichael Thurston
Winslow High School
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Unit Topics
• Case Briefing• Introduction to the Court
• The Mighty 14th • Meet the Justices• Granting Cert• SCOTUS Nominations• Competing Philosophies
• Moot Court
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SCOTUS OVERVIEWMichael Thurston
Winslow High School
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The Supreme Court
• Only court specifically created in the Constitution
• Chief Justice of the United States (17) and 8 Associate Justices
• Judicial review• Marbury v. Madison• Federalist 78
• John Marshall
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Jurisdiction
• SCOTUS has both appellate and original jurisdiction
• Vast majority = appellate – only 1 or 2 original cases each term
• Article III, Section 2 defines original jurisdiction:• Cases involving a state v. a
state• Cases involving
ambassadors and other “public ministers”
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How Cases Reach the Court
• 8000-10,000 cases appealed each term
• 80-100 heard• “Rule of Four”• If case is denied, the lower court’s decision stands…does NOT mean SCOTUS agrees
• Writ of Certiorari• “To be made more
certain”
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Oral Argument and Decisions• Term = October to May• Two weeks of argument /
two weeks to consider• 30 minute rule• Briefs
• Filed before oral argument• Merits Briefs• Amicus Briefs
• Solicitor General• Donald B. Verrilli, Jr.
• The Conference
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Supreme Court Decisions• Who writes it?• The Opinion of the Court• Concurring Opinions• Dissenting Opinions• Exceedingly valuable
• Opinion of the Court = precedent• Dissent = “…an appeal to the brooding spirit of the law, to the
intelligence of a future day.”• ~Chief Justice Hughes
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How Did the 14th Amendment Expand Constitutional Protections of Rights?
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14th Amendment - Overview
• Civil War roots• Sections 1 & 5 are KEY• Defining a citizen
• Reaction to Dred Scott Case
• DUE PROCESS requirement• Procedural Due Process• Substantive Due Process
• EQUAL PROTECTION requirement• Equality of condition v.
equality of opportunity
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The 14th Amendment & Incorporation
• Incorporation = including one thing within something else
• 14th now limits state and local governments from restricting rights
• Balance of power in the federal system?
• The Supreme Court began incorporating the Bill of Rights in the 1920’s
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Landmark Incorporation Cases
• Gitlow v. New York (1925)
• Powell v. Alabama (1932)
• Palko v. Connecticut (1937)
• Griswold v. Connecticut (1965)
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Meet the Justices
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Chief Justice John Roberts
• Age: 58
• Service: 8 years
• Prez: George W Bush
•Leanings: C
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Associate Justice Antonin Scalia
• Age: 77
• Service: 27 years
• Prez: Ronald Reagan
•Leanings: C
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Associate Justice Anthony Kennedy
• Age: 77
• Service: 25 years
• Prez: Ronald Reagan
•Leanings: C(mostly)
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Associate Justice Clarence Thomas
• Age: 65
• Service: 22 years
• Prez: George H. W. Bush
•Leanings: C
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Associate Justice Ruth Bader Ginsburg
• Age: 80
• Service: 20 years
• Prez: Bill Clinton
•Leanings: L
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Associate Justice Stephen Breyer
• Age: 75
• Service: 19 years
• Prez: Bill Clinton
•Leanings: L
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Associate Justice Samuel Alito
• Age: 63
• Service: 7 years
• Prez: George W. Bush
•Leanings: C
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Associate Justice Sonia Sotomayor
• Age: 59
• Service: 4 years
• Prez: Barack Obama
•Leanings: L
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Associate Justice Elena Kagan
• Age: 53
• Service: 3 years
• Prez: Barack Obama
•Leanings: L
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Just Remember…• Really Roberts• Scary Scalia• Kids Kennedy• Think Thomas• Girls Ginsburg• Bring Breyer• Allergies, Alito• So Sotomayor• Kiss! Kagen
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Nathan Clifford
• Age: 210
• Service: 23 years
• Prez: Buchanan
• Leanings: C
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GRANTING CERTMichael Thurston
Winslow High School
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The Court’s Primary Role
• To resolve conflicts in lower courts and interpret the Constitution and laws of the United States.
• “To secure the national rights and uniformity of judgments”.
• -John Rutledge at the Constitutional Convention
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Original Jurisdiction
US Circuit Court of Appeals: 12
circuits and Federal Circuit
State Supreme Courts
US District Court – 94 districts (federal trials)
Intermediate appeals court
Trial courts1 million cases
30 million cases
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A Slim Chance
• 8000-10,000
• About 1% granted
• Fewer than ever
• Last year = 78!
• In forma pauperus = ½ of the appeals, 0.1% granted
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The Cert Pool
In the Pool
• Roberts• Scalia• Kennedy• Thomas• Ginsburg• Breyer• Sotomayor• Kagen• 4 clerks X 8 justices = 32 clerks
/ 9000 petitions = each clerk reads and writes a memo on 280 petitions a year
Not in the pool
• Alito• 4 clerks X 1 justice = 4
clerks / 9000 petitions = each clerk reads and writes a memo on 2250 petitions a year
• So…each case was read and memoed by two clerks – one in the pool and one by Alito’s staff
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Advantages & Disadvantages of the Pool
Advantages
• Saves time• Someone is more
thoroughly going over each case
Disadvantages
• Reduces independence – there used to be 9 memos for each case
• Clerks have incredible responsibility and power
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The Discuss List
• The Chief Justice generates a discuss list
• Other justices may add to the list
• All cases generated by Solicitor General are automatically discussed
• All capital cases automatically discussed
• Then the “rule of four” applies
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Cert-Worthy Cases
• Petitions from Solicitor General
• Petitions with several amicus briefs
• Circuit conflict (80%)• Obvious civil liberties
issue• Sui generis = one of a
kind• Affects a large number
of people
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Reasons to Deny
• A better case is in the pipeline
• Petition raises too many questions – the Court like to deal with one issue at a time
• Case is frivolous
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The Rankings
1) U.S. Solicitor General
2) Corporations
3) States
4) Organized groups
5) Individuals…though these tend to be the “landmark” cases
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Stare Decisis
• Latin: to stand by that which is decided
• Precedent • Why so important?• Based on the
assumption that certainty, predictability and stability in the law are the major objectives of the legal system.
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Will Roe v. Wade be Overturned?
• Read the brief article on Roe v. Wade
• Read the 3 excerpts by Roberts, Alito, and Thomas
• In your group discuss how each justice seems to feel about the significance of stare decisis – and what that means for Roe v. Wade
• Answer the following:1. Take a quick poll in your group
regarding abortion rights.
2. Come to consensus on how each justice feels about the importance of stare decisis.
3. Answer the question: Will Roe v. Wade be overturned?
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SCOTUS Oral Argument• Scheduled by the Clerk of the Court• 30 minute time limit (white & red
lights)• Very interactive, and sometimes
heated• Effective oral argument = answering
of questions• Justices have read all the briefs, and
have questions prepared• Justices are really testing the worth of
the written arguments• Many times it becomes a
conversation between the justices through the advocate
• Hypotheticals• Also shows the world that both sides
are being heard.
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Today’s Case Study
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Competing Judicial Philosophies
Originalism Living Constitution
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Originalism• Original meaning of the Constitution• In light of what was meant when the
words were written• Freeze the values in place (1789)• Only the people can make big changes• What if society evolves in a BAD way• The Constitution is a dead document• Strengths:
• Limiting principle• Judges are not elected – and
therefore not directly accountable to the people
• The words + Federalist Papers should be enough
• Weaknesses:• Hard to tell Framer’s intent• Times change• If you apply originalist views to
landmark cases…
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Living Constitution(Evolutionist)• Applying your sense of reason
to the case• NOT your personal belief• It’s a judges role to fill in the
gaps of original intent• Times change!• Strengths:
• Better protector of minorities• Adapts the Constitution to current
issues
• Weaknesses:• Are judges making the law rather
than interpreting it?• Are they taking decision making
powers away from the people?
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SCOTUS NominationsActually ALL Federal Judges!
• President selects, with help of White House counsel
• President interviews• Vetting process• President submits name to
senate• Interest groups get involved• Senate Judiciary Committee
hearings• Committee vote• Full senate vote• Age, ethnicity, endorsements,
legal experience, confirmation prospects
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Confirmation Votes• Chief Justice John Roberts78-22• Antonin Scalia 98-0• Anthony Kennedy 97-0• Clarence Thomas 52-48• Ruth Bader Ginsburg 97-3• Stephen Breyer 87-9• Samuel Alito 58-42• Sonia Sotomayor 68-31• Elena Kagan 63-37
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Anderson v. Springfield Unified Schools
• Tinker v. Des Moines• Students do not lose rights at the schoolhouse gate, as long as the
speech will not cause a “material disruption.”• Political speech should be protected
• Bethel v. Fraser• Schools may restrict lewd and obscene speech
• Hazelwood vs Kuhlmeier• Schools may restrict speech that is contrary to the school’s mission