Supreme Court Basics

Background – Only court mentioned in Const. (Article III) – Consists of 8 Associate Justices and 1 Chief Justice Number of Justices is set by Congress When position of Chief Justice is vacant, the President can appoint someone already on the Court (e.g., Rehnquist) or someone not on the Court (e.g., Roberts) – Highest court in the land—the court of last resort – Key powers Power of judicial review (established by Marbury v. Madison, 1803) Power to overrule earlier Supreme Court decisions (e.g., Brown v. Board overturning Plessy v. Ferguson)

When Does the Supreme Court Get a Case? Jurisdiction – Original: in cases involving: States Ambassadors – Appellate: in cases from Courts of Appeals State Supreme Courts Cases from appellate jurisdiction are far more numerous than from original jurisdiction

– Thousands of requests are made for Supreme Court decisions, but relatively few requests are granted (~80-90 per year) – Rule of 4: In order for the Court to decide a case, 4 Justices must agree to do so. Denying a decision may mean any number of things: Case lacks a federal issue Party lacks standing Court agrees with a lower court Case is a “political hot potato” that the Court does not want to touch – Party requests a Supreme Court decision by filing a writ of certiorari (“to be made certain”) – When the Justices accept a case, they decide whether to ask for more information and oral arguments from the attorneys or whether to decide the case quickly on the basis of the attorneys briefs. When Does the Supreme Court Get a Case?

The Supreme Court at Work – Term begins on first Monday in October and continues until the end of June – Hears cases from Monday-Thursday. Quorum of 6 – Before oral arguments, the Justices read the attorney’s briefs – Justices also read amicus curiae (“friend of the court”) briefs – Justices hear 30 minute oral arguments from each side – At the Friday conference, Justices discuss the cases – Simple majority needed for decisions. In case of ties, previous court decision stands

Written Opinions – Types Unanimous: expresses opinion of all nine Justices. ~1/3 of the cases are decided by a 9-0 vote Majority: expresses opinion of majority Dissenting: expresses opinion of minority. If the Court later overturns itself, it may draw upon a minority opinion for its reasoning Concurring: written by a Justice who agrees with majority’s conclusions, but for different reasons – Assigning of opinions If Chief Justice voted with the majority, he assigns someone in the majority to write the opinion If the C.J. is in the minority, the most senior Justice among the majority assigns the opinion

Written Opinions Purpose of opinions – Communicate the Court’s reasoning to the public – Establish precedents for future cases—importance of stare decisis – Drop “hints” that Congress, the states, or the President should take certain actions

How To Work Around the Court – Amend the Constitution – When a decision is made, it is “remanded” to a lower court to carry out the Supreme Court’s decision. The lower court will have a certain amount of leeway in doing this. – Executive branch, or state and local governments may simply not carry it out (e.g., desegregation, school prayer) – Ultimately, if the nation feels strongly enough, the Constitution itself can be amended

Broad Constructionist Voting Bloc Elena Kagan – (Obama, 2010, 52 years old) Sonia Sotomayor – (Obama, 2009, 58 years old) Ruth Bader Ginsburg – (Clinton, 1993, 79 years old) Stephen Breyer – (Clinton, 1994, 75 years old)

Strict Constructionist Voting Bloc John Roberts – (Bush 43, 2005, 57) Antonin Scalia – (Reagan, 1986, 76) Clarence Thomas – (Bush 41, 1991, 64) Samuel Alito – (Bush 43, 2006, 61)

Swing Bloc Anthony Kennedy – (Reagan, 1987, 76) Kennedy leans Strict Constructionist, but has been known to occasionally vote with the Broad Constructionists.

Judicial Branch (Supreme Court and Lower Courts) Reviews executive decisions Checks on Congress Reviews congressional laws Judicial Review (executive and legislative) Supreme Court Justices appointed for life