randy’s jacket randy phillips is a junior at winslow high school. he is originally from louisiana...

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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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Page 1: 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

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?

Page 2: 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

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?

Page 3: 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

THE SUPREME COURT OF THE UNITED STATESMichael Thurston

Winslow High School

Page 4: 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

Unit Topics

• Case Briefing• Introduction to the Court

• The Mighty 14th • Meet the Justices• Granting Cert• SCOTUS Nominations• Competing Philosophies

• Moot Court

Page 5: 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

SCOTUS OVERVIEWMichael Thurston

Winslow High School

Page 6: 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

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

Page 7: 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

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”

Page 8: 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

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”

Page 9: 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

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

Page 10: 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

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

Page 11: 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

How Did the 14th Amendment Expand Constitutional Protections of Rights?

Page 12: 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

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

Page 13: 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

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

Page 14: 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

Landmark Incorporation Cases

• Gitlow v. New York (1925)

• Powell v. Alabama (1932)

• Palko v. Connecticut (1937)

• Griswold v. Connecticut (1965)

Page 15: 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

Meet the Justices

Page 16: 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

Chief Justice John Roberts

• Age: 58

• Service: 8 years

• Prez: George W Bush

•Leanings: C

Page 17: 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

Associate Justice Antonin Scalia

• Age: 77

• Service: 27 years

• Prez: Ronald Reagan

•Leanings: C

Page 18: 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

Associate Justice Anthony Kennedy

• Age: 77

• Service: 25 years

• Prez: Ronald Reagan

•Leanings: C(mostly)

Page 19: 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

Associate Justice Clarence Thomas

• Age: 65

• Service: 22 years

• Prez: George H. W. Bush

•Leanings: C

Page 20: 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

Associate Justice Ruth Bader Ginsburg

• Age: 80

• Service: 20 years

• Prez: Bill Clinton

•Leanings: L

Page 21: 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

Associate Justice Stephen Breyer

• Age: 75

• Service: 19 years

• Prez: Bill Clinton

•Leanings: L

Page 22: 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

Associate Justice Samuel Alito

• Age: 63

• Service: 7 years

• Prez: George W. Bush

•Leanings: C

Page 23: 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

Associate Justice Sonia Sotomayor

• Age: 59

• Service: 4 years

• Prez: Barack Obama

•Leanings: L

Page 24: 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

Associate Justice Elena Kagan

• Age: 53

• Service: 3 years

• Prez: Barack Obama

•Leanings: L

Page 25: 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

Just Remember…• Really Roberts• Scary Scalia• Kids Kennedy• Think Thomas• Girls Ginsburg• Bring Breyer• Allergies, Alito• So Sotomayor• Kiss! Kagen

Page 26: 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

Nathan Clifford

• Age: 210

• Service: 23 years

• Prez: Buchanan

• Leanings: C

Page 27: 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

GRANTING CERTMichael Thurston

Winslow High School

Page 28: 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

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

Page 29: 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

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

Page 30: 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
Page 31: 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

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

Page 32: 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

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

Page 33: 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

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

Page 34: 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

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

Page 35: 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

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

Page 36: 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

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

Page 37: 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

The Rankings

1) U.S. Solicitor General

2) Corporations

3) States

4) Organized groups

5) Individuals…though these tend to be the “landmark” cases

Page 38: 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

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.

Page 39: 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

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?

Page 40: 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

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.

Page 41: 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

Today’s Case Study

Page 42: 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

Competing Judicial Philosophies

Originalism Living Constitution

Page 43: 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

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…

Page 44: 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

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?

Page 45: 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

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

Page 46: 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

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

Page 47: 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

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