The Supreme Court in Action Chapter 16, Theme C

The Supreme Court in Action Most cases arrive through a writ of certiorari or cert. Rule of 4 applies to get cert! Do not have to give reason-See recent exception!recent exception Lawyers then submit briefs that set forth the facts of the case, summarizes the lower court decision, gives the argument of that side of the case, and discusses other issues. Many interest groups “lobby” the court with amicus briefs. Oral arguments are given by lawyers after briefs are submitted. Each side has 30 minutes. Example: Oral Arguments before Court on Snyder v. Phelps Example: Oral Arguments before Court on Snyder v. Phelps

The Supreme Court in Action Conference held on Fridays. The Chief Justice speaks first, then in order of seniority. Purpose? The least tenured votes first, then in reverse order of seniority. Purpose? No one is ever allowed in the conference room except Justices. Purpose? After voting, the opinion writing is assigned. Who does this & how?

Kinds of Court Opinions Per curiam: brief and unsigned Opinion of the court: majority opinionmajority opinion Concurring opinion: agrees with the ruling of the majority opinion, but modifies the supportive reasoning Concurring opinion Dissenting opinion: minority opinion Dissenting opinion See example of TX v. Johnson case.

Why Opinions are important Generally follow policy of stare decisis. If case ends in a tie, the lower courts’ decision stands (See last week’s discussion!) Advantages? Consistency, control of cases Disadvantages? Lower Cts. Set precedents, predictability Opinions give rationale of Court’s thinking When they “break with a precedent” the new opinion is a guide to the lower courts. Dissenting opinions may be used later as a precedent in reversing prior decisions.

Example Get into groups of 3-5 (Need an odd number). Choose a chief justice. Read the cases in order on the Symbaloo board. DO NOT READ Decision!! Think for yourself Discuss the case in conference. Write opinions. Do whole class discussion. Read opinions.

Arguments for Judicial Activism Courts should correct injustices when other branches or state governments refuse to do so Courts are the last resort for those without the power or influence to gain new laws Courts give the minority a chance to assert their rights, especially when traditional measures have failed.

Arguments Against Judicial Activism Judges lack expertise in designing and managing complex institutions Initiatives require balancing policy priorities and allocating public revenues Courts are not accountable because judges are not elected

Checks on Judicial Power Judges have no enforcement mechanisms Worcester v. GA Confirmation and impeachment proceedingsimpeachment Changing the number of judges Reconstruction ups & downs FDR Court Packing Scheme Revising legislation Amending the Constitution Altering jurisdiction Restricting remedies

Public Opinion and the Courts Defying public opinion frontally may be dangerous to the legitimacy of the Supreme Court, especially elite opinion. Bush v. Gore and the 2000 Election (Mr. Banno video) Bush v. Gore and the 2000 Election Opinion in realigning eras may energize court Review examples in the eras of the SC Public confidence in the Supreme Court since 1966 has varied with popular support for the government generally

Figure 16.3: Patterns of Public Confidence in the Court

The “least dangerous” branch? Why should members of the federal judiciary serve for life? Did the Framers intend for the SC to have the power of judicial review? How should a justice interpret the law? Activist vs. Strict Constructionist?

Schizophrenia: Debating our Culminating Discussions: Make an argument for each statement, then make an argument to refute the statement: Congress is the most powerful branch The President has too much power The Bureaucracy runs the country The Supreme Court’s power of Judicial Review is undemocratic The principles of separation of power & check and balances make our government “more perfect” than most other nations

Corners Debate Go to the corner that you agree with for each statement. Debate the topics. Templates due by 3:00 p.m. Friday! Test is Thursday. Covers Chapter 15 on Bureaucracy & Chapter 16 on the Federal Judiciary. See website for hints and to review power points. Screen casts are up for the bureaucracy intro. Each video is about 5 minutes long.