Supreme Court Oyez! Oyez! Oyez!

Basic Information… 9 Justices Nominated by President Approved by Senate Hold position for life or until retire

Judicial Review… Marbury v. Madison Reviews Constitutionality of: State and federal legislation Actions of chief executives Decisions of other courts

Important Terms… Writ of Certiorari Stare Decisis/ Precedent Remember: Majority Opinion Concurring Opinion Dissenting Opinion The losing litigant in the court below asks permission and the Supreme Court exercises its discretion to grant review.

I will take this case all the way to the Supreme Court … “Rule of Four” Annual docket = 8,000 cases Fewer than 100 heard or reviewed $300 filing fee In forma pauperis Quorum = 6 Four justices must agree to hear the case. -- Minority sets the agenda

Basic Biographical Information Review the bios of the nine Supreme Court Justices Try and determine if the Justice is conservative or liberal

Chief Justice John Roberts Harvard grad Law clerk for Rehnquist Associate Counsel to Reagan U.S.Court of Appeals for D.C. Nominated Chief Justice by Pres. Bush 2005

Samuel Alito Yale Law U.S. Attorney New Jersey U.S. Court of Appeals for the Third Circuit Nominated Associate Justice by Pres. Bush 2006 Steinert Grad

Stephen Breyer Harvard Law Assistant Special Prosecutor of the Watergate Special Prosecution Force U.S. Court of Appeals First Circuit Nominated Associate Justice by Pres. Clinton 1994

Ruth Bader Ginsberg Harvard and Cornell Law School Professor at Rutgers, Columbia 1971 - Launched the Women’s Rights Project of the ACLU ACLU General Counsel and Board of Directors Nominated Associate Justice by Pres. Clinton in 1993

Clarence Thomas Yale Law Asst. Attorney General of Missouri Asst. Sec. for Civil Rights, U.S. Dept. of Ed. Chairman Equal Employment Opportunity Commission Nominated Associate Justice by 1st Pres. Bush 1991

Sonia Maria Sotomayor Sotomayor was born on June 25, 1954, in The Bronx, New York. Nominated by Obama. On August 6, 2009, Sotomayor replaced retiring Justice David Souter, Sotomayor is the first Hispanic and third female justice to serve on the Supreme Court. Princeton U and Yale Law

Sonia Sotomayor Supreme Court

David Souter (replaced by Sotomayor) Rhodes Scholar Harvard Law Attorney General of New Hampshire U.S. Court of Appeals First Circuit Nominated Associate Justice by 1st Pres. Bush in 1990.

Anthony Kennedy Harvard Law U.S. Court of Appeals Ninth Circuit Nominated Associate Justice by Pres. Reagan 1988

Antonin Scalia Harvard Law Law Professor UVA, Georgetown, Stanford U.S. Court of Appeals for D.C. Nominated Associate Justice by Pres. Reagan in 1986

Elena Kagan born in New York City on April 28, 1960. Nominated by Obama. On August 5, 2010, replaced retiring Justice John Paul Stevens, the fourth woman to serve on the Supreme Court. Princeton-Oxford-Harvard Law

Elena Kagan Supreme Court Justice Supreme Court Justice Elena Kagan Alex Wong/Getty Images Sponsored Links Elena Kagan Supreme Court Justice

John Paul Stevens (replaced by Kagan) Northwestern Law U.S. Navy U.S. Court of Appeals Seventh Circuit Nominated Associate Justice by Pres. Ford 1975

Factors That Influence Supreme Court Nominations Party affiliation (80% or higher) Judicial Philosophy “Litmus Test” - where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee

The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall have Power, by and with the Advice and Consent of the Senate …to… nominate Judges of the Supreme Court….”

The U.S. Constitution and the Supreme Court Article III describes the judicial power of the Supreme Court: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

U.S. Supreme Court Confirmation Process Stage 1: Presidential Nomination FBI Investigation WHITE HOUSE REVIEW Certification Stage 2: Senate Judiciary Committee Hearing INTEREST GROUP Influence MEDIA Influence Stage 3: Full Senate Vote Stage 4: Oath of Office?

U.S. Supreme Court Confirmation Process White House staff reviews candidates and submits a short list to the president FBI background investigation Candidates submit financial disclosure forms ABA grades candidates Interest groups weigh in on candidates President selects nominee Stage 1 Presidential Nomination

U.S. Supreme Court Confirmation Process Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) Interest groups may conduct campaigns for or against nominee (including TV ads) Intense media attention to Senate hearings Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate Stage 2 Senate Judiciary Committee Hearings

U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote Floor debate on nominee Confirmation vote by full Senate

U.S. Supreme Court Confirmation Process Stage 4 Oath of Office If confirmed by the Senate, nominee sworn in, usually by Chief Justice Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

Review the following Decisions Use the voting patterns of the Justices to determine what you believe will be their vote for the following cases… Wallace v. Kato Philip Morris USA v. Williams Cunningham v. California

Sources: http://www.abanet.org/publiced/preview/scprimer.pdf http://www.supremecourtus.gov/about/biographiescurrent.pdf http://supreme.lp.findlaw.com/supreme_court/justices/presjustices.html