The U.S. Supreme Court Liberal/Activist Conservative/Restraint Stephen Ruth Bader Sonya Elana Anthony John Samuel Clarence Neil Breyer Ginsburg Sotomayer Kagan Kennedy Roberts Alito Thomas Gorsuch Birthplace San Brooklyn Bronx New York Sacra- Buffalo Trenton Pin Point Denver Francisco mento JD Institution Harvard Columbia Yale Harvard Harvard Harvard Yale Yale Harvard Appt. By Clinton Clinton Obama Obama Reagan W. Bush W. Bush H.W. Bush Trump Senate Vote 87-9 96-3 68-31 63-37 97-0 78-22 58-42 52-48 54-45 Born 1938 1933 1954 1960 1936 1955 1950 1948 1967 Beliefs Jewish Jewish Roman Jewish Roman Roman Roman Roman Episcopal Catholic Catholic Catholic Catholic Catholic

The U.S. Constitution & The Supreme court Where is the basis for having a judiciary located in the U.S. Constitution? Article III, Section 1 describes the basis and power for the judiciary: The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior.

Dual Court System & Jurisdiction The U.S. has two court systems: Federal – cases that involve federal law, admiralty law, the U.S. Government, a dispute between or among States, and/or if there is a dispute between or among citizens of different States. State – cases that involve anything that is not of federal jurisdiction Original jurisdiction means ability to hear the case first. The Supreme Court has original, but not exclusive jurisdiction in cases involving ambassadors and foreign parties, disputes between the U.S. government and a State government, or proceedings of a State against citizens of another State. Exclusive jurisdiction means that those cases can only be heard in federal court. Concurrent jurisdiction mean that the case can be heard in either federal or state court.

Organization of U.S. Court System Courts in the U.S. are organized into federal and state, each containing three levels: Trial Courts covers initial proceedings, either civil or criminal. Appeals Courts evaluates potential errors made by trial court judges. Supreme Court potentially reviews the decisions of all lower courts. Can affirm, reverse, or remand for reconsideration.

The Federal Court System Appellate Review Supreme Court of the United States (Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court) Federal District Trial Courts Bankruptcy Court Tax Court Native Tribal Court U.S. Courts of Appeals Circuit Courts – Jurisdiction by geographic area. Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter Specialty Courts Highest Review

(County, Circuit & Superior Court) The State Court System State Supreme Court Possible Appeal to the United States Supreme Court State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts Juvenile Probate Domestic Relations City or Municipal (Traffic) Small Claims

U.S. Courts Terminology Plaintiff – the person or organization that initiates a civil lawsuit. Prosecution – the government that seeks criminal penalties against the accused. Defendant – the person or organization against whom the lawsuit is brought (civil or criminal). Litigate – to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit. Class Action Suit – a case brought by one person on behalf of many others who have similarly harmed.

The U.S. Supreme Court Nine Justices sit on the Supreme Court. One Chief Justice and eight Associate Justices. Chief Justice: John Roberts 8 Associate Justices*: Anthony Kennedy, Ruth Bader Ginsburg, Clarence Thomas, Samuel Alito, Stephen Breyer, Sonia Sotomayor, Elana Kagan, & Neil Gorsuch. *Following the death of Antonin Scalia in February of 2016, there were only 7 Associate Justices until Neil Gorsuch was confirmed in April of 2017.

The Judiciary Cases that come before the Supreme Court must first go through the trial and appeals process before a Writ of Certiorari can be granted. Once a case has exhausted the appeals process, in either the state or federal court system, parties can then submit a Writ of Certiorari. Justices meet to review each Writ of Certiorari and then vote on whether to hear that particular case. It takes four votes for the Court to hear a case (Rule of Four). The decision rendered is applicable to the entire nation, not just the parties in question.

The Supreme Court Justices issue a written document explaining their reasoning in a case, known as a majority opinion, or by issuing one of three types of other opinions: a concurring majority opinion (agree with majority, but for different reasons) or a dissent (disagree with the majority) concurring dissent (disagree with the minority, but still disagree with the majority opinion.) Cases that typically reach the Supreme Court include the following: 1. When two lower courts are in disagreement (circuit conflict). 2. When a lower court’s ruling conflicts with an existing Supreme Court ruling. 3. When a case has broad importance/significance (desegregation, abortion, mandatory health care, 4th amendment cases, terror suspect rights) 4. Egregious legal errors in a court below.

The Judiciary What is judicial review? The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial. The ultimate power of judicial review lies with the U.S. Supreme Court. The source of judicial review is Marbury v. Madison.

Politics and the Supreme Court Judicial Activism – aggressive view that the judiciary should seek to advance a legal and social agenda of either liberal or conservative ideologies. Judicial Restraint – restrictive view that the judiciary should limit its involvement in government to purely legal issues; relying on the Executive and Legislative Branches to resolve issues of social importance. Florida Sunshine State Standards SS.C.1.4.3; SS.C.2.4.1&5 LA.A.2.4.3; LA.B.1.4.2; LA.C.3.4.2

Appointment of Judges The President has the authority to nominate judges to the Supreme Court and the federal judiciary. Remember, from Article II, Section II, Clause 2, the President shall nominate, and by and with the Advice and consent of the Senate, shall appoint…Judges of the Supreme Court.

Factors That Influence Supreme Court Nominations Party affiliation (80% +) Judicial Philosophy Litmus Test – nominees stand on controversial issues like abortion, same sex marriage, and the death penalty Background of nominee (education, experience, race, & gender) Cultivating political support Political favors Interest group input American Bar Association certification Securing a safe nominee

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 Stage 2 Senate Judiciary Committee Hearings 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.

U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote Floor debate on nominee Confirmation vote by full Senate (51+)

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 can render decisions from the bench very different from what the nominating President had anticipated. Independent Judiciary

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

The Constitution & the Supreme Court Arguments for and against lifetime appointments in the federal judiciary: For It promotes judicial independence and objectivity. Insulates justices from the day to day political process. Against All other government positions have some fixed term length. Justices can act with impunity.