Chapter 14 The Judiciary

Structure of the Federal Courts Supreme Court Court of Appeals for the Armed Forces 12 Courts of Appeals 94 US District Courts Court of Appeals for the Federal Circuit State Court of Last Appeals

U.S. District Court  Workhorse of the court system (270,000 civil cases & 67,000 criminal cases)  All states have at least one (94 total)  Trial courts of original jurisdiction – crimes against the U.S. or involving citizens of different states  Use grand juries – determine if there is enough evidence for trial  665 judges – appointed, confirmed, life term

Federal Courts of Appeals  District Court decisions can be appealed to and reviewed by Appeals court  179 judges appointed, confirmed, life term  57,000 appeals heard annually – ( fewer than 1% are appealed to the Supreme Court)  11 circuits geographically divide nation  The 12 th circuit is in D.C. and the 13 th appellate court is located in D.C. but is the Federal Circuit (nationwide jurisdiction for things like patent and copyright issues)

U.S. Supreme Court  Original jurisdiction: ambassadors, public ministers & consuls, & where the government is a party  Appellate jurisdiction: reviews decisions made by lower federal courts & appeals from state supreme courts that raise federal law questions (death sentences, civil rights, etc.)  9 justices, appointed, confirmed, life term Front row (L-R): Clarence Thomas Antonin Scalia Chief Justice John Roberts Anthony Kennedy Ruth Bader Ginsburg Standing (L-R): Sonia Sotomayor Stephen Breyer Samuel Alito Elena Kagan

Nomination Process  Senatorial courtesy – seeking advice/consent from affected Senators  Send name of nominee to Senate  Senate Judiciary Committee receives nomination  JC sends a blue slip to the nominees home state senators for their approval – if only one says no, nomination is dead  JC holds hearings, votes, and sends an approved nominee to the whole Senate for consideration & vote  Senate can exercise filibusters or hold to block the nominee from receiving a vote (usually Senate goes along with decision of the JC)

Judicial Philosophy  Judicial restraint vs. judicial activism  Restraint = judges should interpret the Constitution to reflect what the framers intended and what the language literally says (strict)  Activism = judges should interpret the Constitution to reflect current conditions and values (loose) Can the court make law? Congress often passes such vaguely worded laws that it is usually up to the Courts to set the specifics – in essence they help write the law (what is acceptable or not acceptable under the Constitution)

Precedents  Judges are not entirely free to do what they will – they are to follow the rule of precedent or stare decisis  Judges are expected to abide by past decisions of their own courts & by rulings of higher courts  Not very binding – due to different circumstances in each case  SC has overturned its own ruling numerous times (ex: civil rights, campaign finance)

Supreme Court Operations  A writ of certiorari must be filed requesting the Court to hear the case – most are denied (called granting cert) Decides fewer than 100 cases, about 10,000 are appealed the Court 4 justices must agree to grant cert (called the Rule of Four)  Oct – June: oral arguments held 2 wks per month (Oct – Apr)  Adjourn for 2 wks to consider & write opinions  6 judges must participate in each case – cases decided by majority (Tie upholds the lower court ruling)  Importance to government & the nation as a whole is the overriding factor in getting a case before the Court (is the issue justiciable?)

Supreme Court Operations Once cert is granted…  Legal briefs submitted (both sides)  Oral arguments held 3 – 4 months later: arguments are limited to 30 min. for each side  Justices can interrupt to ask questions or consult sources or each other  Private conferences are held between the justices & votes are gathered  S.C. issues its opinions – express the reasoning behind the decision (also dissenting and concurring)  Chief Justice decides who will write the majority opinion if he/she is with the majority (if not, the senior member of majority will decide)

Supreme Court Operations  Minority can write a dissenting opinion citing why they disagree  Concurring opinions are written by someone who agrees with the majority but has a different reason  The vote is not final until the majority agree with opinion (can be a lengthy process)  Briefs of the opinions are given in court, the entire written opinion is given to court reporter, published, and posted