AP Government “The Supreme Court”

(1) Balancing of Democratic Values Flag-burning Pits govt’s interest in maintaining order against value of freedom Segregation in schools Puts value of equality against the value of freedom Affirmative action Also, pits the value of equality against the value of freedom Which value won in each case?

(2) Supreme Court Jurisdiction A person cannot take a case all the way to the Supreme Court Original jurisdiction cases involving ambassadors, other public ministers and consuls, and those in which a state shall be party (these cases begin and end at the Supreme Court) Appellate jurisdiction when a case comes from the US courts of appeal or from the state courts of last resort The Supreme Court selects the cases it hears from the lower courts (2) Supreme Court Jurisdiction Groundbreaking Justices: Thurgood Marshall and Sandra Day O’Connor

(3) State Cases to Supreme Court 2 requirements for a state case to reach Supreme Court: Case must have reached the end of the line in the state court system Case must raise a federal question (issue covered by the Constitution, federal laws or national treaties)

(4) Selection of Cases The Court grants a review only when four or more justices agree that the case warrants consideration (unwritten rule of four) Justices meet twice a week to discuss previously argued cases and to consider which new cases to add to the docket Sometimes 4 judges who want to hear a case will not bring it to the docket if they are afraid they will not get the fifth vote necessary to get a decision they prefer

(5) Role of Solicitor General 3rd highest ranking official of the US Dept. of Justice, and the one who represents the national gov’t before the Supreme Court Solicitor general has the dual and sometimes conflicting roles of advocating the president’s policies and defending the interests of the national gov’t Amicus curiae brief brief filed with permission of the court by an individual or group that is not a party to a legal action but has an interest in it Solicitor General Donald Verrilli

(6) Duties of Solicitor General Determining whether the gov’t should appeal lower level decisions Reviewing and modifying briefs filed in gov’t appeals Deciding whether the gov’t should file an amicus curiae brief Solicitor general builds influence: By recommending only cases of general importance Building up an impressive record of wins in Supreme Court cases Solicitor General Donald Verrilli

(7) How Justices Decide Cases Justices make their decisions based on existing laws and decisions of previous court cases Judicial restraint A judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decisions Judicial activism A judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions Use of judicial activism is not exclusive to one ideology (conservative or liberal) (7) How Justices Decide Cases

(8 & 9) Judicial Decisions Judgment Argument Majority opinion Concurring opinion Dissenting opinion

(10 & 11) Writing the Majority Opinion Chief justice (or senior member of the majority decision) decides who will write the majority opinion Deciding who writes it can come down to the justice’s workload, expertise, and ability to hold the majority together (often a more moderate voice) Top law clerks (each has 4) play a strong role in writing the opinions A draft of the majority opinion is given to the other justices for criticisms and suggestions Justices can change their vote during this time, and sometimes alter the final judgment To announce a decision the justice who wrote the opinion reads it aloud in the courtroom (10 & 11) Writing the Majority Opinion The five justices who currently tend to take conservative stances

(12) Chief Justice Chief Justice’s vote counts the same as the others Plays a lead role in forming the docket of cases the Court will hear Chief Justice can take a leadership role that generates solidarity or embodies intellectual leadership Chief Justice John Marshall (in 1800s at time of Marbury v. Madison) is considered the best Warren Burger (who retired in 1986) struggled in this leadership role, alienating many other justices William Rehnquist (a Milwaukee native who was Chief Justice from 1986 until his death in 2005) was known for his easygoing nature and his fairness (shared discussions and opinion-writing) A key challenge for current Chief Justice John Roberts is to make sure public opinion of the Supreme Court is that it rises above partisan politics in this era of party polarization Burger Rehnquist Roberts

Supreme Court Ruling on Obamacare In 2012 by a 5–4 margin, in a decision surprisingly written by traditionally conservative Chief Justice John Roberts, the court ruled that the health-care law is constitutional The law’s most controversial component, known as the “individual mandate,” requires all Americans to purchase health insurance or pay a “shared responsibility payment” to the government The court held that the law could not be upheld under the Commerce Clause, which was the government’s primary argument in its support “The Federal Government does not have the power to order people to buy health insurance,” Roberts wrote for the majority However, the court held that the individual mandate is not a “penalty,” as the health-care law identified it, but a tax, and therefore a constitutional application of Congress’s taxation power Supreme Court Ruling on Obamacare