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