SCOTUS

Chapter 12

Supreme Court of the United States

Important functions:– Judicial Review– Resolving conflicts among states or

between a state and the federal gov’t.– Maintaining national supremacy in

law, and ensuring uniformity in the interpretation of laws.

SCOTUS Supreme Court is the ultimate court of

appeals in the United States.

Great majority of SCOTUS cases come from lower federal courts, but cases may be appealed from state courts if they involve “a substantial federal question.”

Very few cases arise under original jurisdiction. (ambassadors, state v. state, state v. U.S.)

U.S. Supreme Court

9 Justices serve on Supreme Court– 1 Chief Justice– 8 Associate Justices– Life Term

(Size of the Court is not set in Constitution, but determined by Congress.)

SCOTUS Their power to hear a case is discretionary.

If the Supreme Court chooses to not hear a case, the lower court ruling stands.

They don’t have to give any rationale for why they have chosen not to hear a case…but sometimes they do.

“Rule of Four”- 4 justices must agree before Court grants review of a case

SCOTUSWrit of Certiorari--formal document

that orders a lower court to send up the records of a case for review by SCOTUS

– Most common way for the Court to put a case on its docket. Court must grant Cert in cases involving constitutionality of a law.

U.S. Supreme Court

Supreme Court Session Session begins first Monday of October each

year and usually continues through June.

Justices meet in conference weekly to– Discuss list of cases (screened by clerks) and

decide what they will hear (Rule of Four)– Discuss cases that have been argued before the

Court and reach a decision

SCOTUS receives and disposes of approx. 5-9,000 cases a year. Many cases are decided by per curiam opinion--a short, unsigned Court ruling.

Session Cases are heard with all the Justices sitting together

in open court (en banc.)

Court hears oral arguments (30 minutes from each side) in 2-week cycles. Solicitor General is the attorney representing U. S. in cases involving the federal gov’t.

Justices receive written briefs (statements of legal arguments, relevant facts, and precedents) from both sides beforehand. Interested parties that aren’t litigants may submit amicus curiae (“friend of the court”) briefs.

Session Supreme Court hears about 150 cases of

national importance each year, and 3/4ths of such decisions are announced in full, published opinions.

Majority Opinion- expresses legal reasoning behind decision for future legal reference

Concurring Opinion-written to support majority opinion, but to also stress different Constitutional or legal basis for judgement

Dissenting Opinion- written by justices opposed to all or part of the majority’s decision

Session

Vast majority of cases are settled on principle of Stare Decisis(“let the decision stand”)—earlier decision should hold for the case being considered.

All courts rely heavily on precedent--the way similar cases were handled in the past—to guide current decisions. Lower courts are expected to follow the precedents of highers courts

U.S. Supreme Court

Justices of the Supreme Court

Nine Justices: Eight Associate Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial.

Nomination and confirmation can sometimes become very “political”

Conservative, Moderate, Liberal

Politics of Judicial Selection

Appointments influenced by:A) Political ideology / PartisanshipB) Interest groupsC) Other JusticesD) Senators

John G. Roberts, Jr.

Chief Justice Born in 1955 J.D. Harvard Law U.S. Court of

Appeals for DC in 2003 (GWB)

George W. Bush nominated him as Chief Justice in 2005 [78-22]

Roman Catholic

Antonin Scalia

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals D.C. in 1982 (Reagan)

Ronald Reagan nominated him in 1986 [98-0]

Roman Catholic

Anthony M. Kennedy

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals 9th Circuit in 1975 (Ford)

Ronald Reagan nominated him in 1988 [97-0]

Roman Catholic

Clarence Thomas

Associate Justice Born in 1948 J.D. Yale U.S. Court of

Appeals D.C. in 1980 (GHWB)

George H.W. Bush nominated him in 1991 [52-48]

Roman Catholic

Ruth Bader Ginsburg

Associate Justice Born in 1933 LL.B Columbia U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated her in 1993 [96-3]

Jewish

Steven G. Breyer

Associate Justice Born in 1938 LL.B. Harvard U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated him in 1994 [87-9]

Jewish

Samuel A. Alito, Jr.

Associate Justice Born in 1950 J.D. Yale U.S. Court of

Appeals 3rd Circuit in 1990 (GHWB)

George W. Bush nominated in 2006 [58-42]

Roman Catholic

Sonia Sotomayor

Associate Justice Born in 1954 J.D. Yale U.S Court of

Appeals 2nd Circuit in 1998 (Clinton)

Barack Obama nominated her in 2009 [68-31]

Roman Catholic

Elena Kagan

Associate Justice Born in 1960 J.D. Harvard U.S. Court of

Appeals (expired) Solicitor General

represents U.S. in cases before S.C.

Obama nominated her in 2010 [63-37]

Jewish

Shaping Public PolicyHistorically, SCOTUS decisions have tended to

reflect changing social conditions and the attitudes of the times.

* In early years under Chief Justice John Marshall, Court expanded scope of federal gov’t. and defined commerce power.

*Between 1835 and Civil War, Court rulings emphasized States’ rights and rights of citizens.

* Under Chief Justice Earl Warren (1953-1969), Court focused on protecting civil liberties.

Shaping Public PolicySupreme Court uses 3 tools to influence

national policy:1. Judical Review-Court validates or cancels

laws and actions of gov’t institutions at local, state and national levels.

2. Through its interpretation of laws, the Court determines how policy will be carried out on a daily basis across the nation.

3. By overturning earlier decisions, the Court adapts the law to changing circumstances and social values.

Shaping Public PolicyJudicial Activism: Belief that Supreme Court

justices should actively make policy and sometimes redefine the Constitution. Maintain it is best branch for defending individuals’ rights and protecting the weak. “We are under a Constitution, but the Constitution is what judges say it is.” Charles Evans Hughes.

Judicial Restraint: Belief that justices should not actively try to shape social and political issues or redefine the Constitution. Maintains that unelected judges are the least democratic branch of gov’t.

SCOTUS Limits

Court may not initiate legal action, only decide cases brought before it.

Must rely on other gov’t. institutions to enforce its rulings.

Justices must base their decisions on legal principles, not their personal feelings.

Executive and Legislative Branches provide checks and balances.