Facts Opinions The Politics of Selecting Judges Justices Famous Cases

CREATED BY: The Constitution, 1789, Article III 1 st chief justice: John Jay Term: Justices serve for life 1 st female Justice: Sandra Day O’Conner 1 st African American Justice: Thurgood Marshall wl36q8w

William Howard Taft is the only President to become a Supreme Court Justice after his presidency.

In 1789, associate justices made $3,500. By 2010, associate justices received $213,900. Samuel Chase was the only Supreme Court justice to be impeached A Supreme Court term begins on the first Monday in October, and runs through late June or early July. George Washington appointed the most Supreme Court justices (11). Only Franklin D. Roosevelt came close, with 9 appointments. Jimmy Carter is the only president to serve a full term without nominating a Supreme Court justice.

The Eleven U.S. Circuit Courts of Appeal We are in the 7 th Judicial Circuit. The Courthouse is in Peoria, IL

The Supreme Court building features its own police force as well as a top- floor gym, with a basketball court nicknamed “the highest court in the land.” Shooting hoops and lifting weights are banned while court is in session,

Majority Opinion: is a judicial opinion agreed to by more than half of the members of the Supreme Court. It sets forth the decision of the court and an explanation of the rationale behind the court's decision.

Dissenting Opinion: an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion.

Concurring opinion: a written opinion by one or more judges of the Supreme Court which agrees with the decision made by the majority of the court.

The Role of Politics in Selecting Judges  There are no Constitutional requirements  The process of judicial selection is a highly partisan and political process  Because of the power wielded by the Supreme Court, presidents take a personal interest in selecting appointees Judicial Tenure  The Constitution stipulates that federal judges “shall hold their Offices during good Behavior”  Judges cannot be removed for any reason by a President  Congress cannot impeach judges because they don’t like their decisions

The Politics of Selecting Judges Previous Backgrounds Number Job ExperienceMost Recent Example 33 Federal Judges Sonia Sotomayor (2009) 22 Practicing LawyersLewis F. Powell (1971) 18 State Court JudgesSandra Day O’Connor (1981) 15 OtherElena Kagan, Solicitor General (2010) 8 Cabinet MembersArthur Goldberg, Labor Sec. (1962) 7 SenatorsHarold H. Burton, R-Oh (1945) 6 Attorney GeneralsTom Clark (1949) 3 GovernorsEarl Warren, D-Ca (1953) 1 President (POTUS)William Howard Taft (1921)

The Supreme Court’s Increasing Caseload

Caseload in Federal Court What’s the difference?

The Supreme Court Justices Sonia Sotomayor DYaleObamaRoman U.S. CourtAssist. District Catholicof AppealsAtty./Corp. law Elena Kagan DHarvardObamaJewish NoneSolicitor General/Law School Dean Is there anything amazing to you? Political party view

John G. Roberts, Jr. Chief Justice - President George W. Bush (R) nominated him as Chief Justice of the United States He took his seat September 29, 2005 (9 years).

Antonin (Anthony) Scalia – President Ronald Reagan (R) nominated him as an Associate Justice of the Supreme Court he took his seat September 26, 1986 (28 years).

Anthony M. Kennedy - President Ronald Reagan (R) nominated him as an Associate Justice of the Supreme Court he took his seat February 18, 1988 (27 years).

Clarence Thomas - President George H. W. Bush (R) nominated him as an Associate Justice of the Supreme Court he took his seat October 23, 1991 (23 years).

Ruth Bader Ginsburg – President Bill Clinton (D) nominated her as an Associate Justice of the Supreme Court she took her seat Aug.10, 1993 (21 years).

Stephen G. Breyer – President Bill Clinton (D) nominated him as an Associate Justice of the Supreme Court he took his seat August 3, 1994 (20 years).

Samuel Anthony Alito, Jr - President George W. Bush (R) nominated him as an Associate Justice of the Supreme Court he took his seat January 31, 2006 (9 years).

Sonia Sotomayor - President Barack Obama (D) nominated her as an Associate Justice of the Supreme Court on May 26, 2009 she assumed this role August 8, 2009 (5 years).

Elena Kagan - In 2009, President Barack Obama (D) nominated her as the Solicitor General of the United States. After serving in that role for a year, the President nominated her as an Associate Justice of the Supreme Court She took her seat on May 10, 2010 (4 years).

How many Justices were nominated by Republican presidents? 5 How many by Democratic Presidents? 4 Although Justices have no Party affiliation, they have certain beliefs that ‘lean’ toward a party. Democrats = pro Gay marriage, pro Abortion, strict gun laws, Bigger Government Republicans = anti Gay marriage, against Abortion, loose gun laws, Smaller Government Is this a ‘old’ Supreme Court or a Young one? I would say old, 5 justices have served for 20+ years

Marbury v. Madison, 1803 “A law repugnant to the Constitution is void.” McCulloch v. Maryland, 1819 “Let the end be legitimate … and all means which are … consistent with the letter and spirit of the Constitution, are constitutional.”

Dred Scott v. Sandford, 1857 “The Constitution does not consider slaves to be U.S. citizens. Rather, they are constitutionally protected property of their masters.”

Brown v. Board of Education, 1954 “In the field of public education, the doctrine of ‘separate but equal’ has no place.” Gideon v. Wainwright, 1963 Defendants in criminal cases have an absolute right to counsel. Miranda v. Arizona, 1966 “You have the right to remain silent …”

Plessy v. Ferguson, 1896 Jim Crow laws are constitutional under the doctrine of ‘Separate but Equal.’

Tinker v. Des Moines, 1969 School dress codes are not in violation of the First Amendment’s guarantee of the freedom of expression. Roe v. Wade, 1973 The Constitutionally implied right to privacy protects a woman’s choice in matters of abortion. Texas v. Johnson, 1989 The Constitution protects desecration of the flag as a form of symbolic speech.

United States v. Nixon, 1974 “Neither separation of powers, nor the need for confidentiality can sustain unqualified Presidential immunity from the judicial process.”