The Judiciary Article III

Three Levels of the Federal Judiciary (hierarchal system) Level 1: District Courts Level 2: Circuit Court of Appeals or Appellate Courts Level 3: Supreme Court “Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.”

State or Federal Court? A plaintiff can bring their case to either the state or federal level…however in several cases, your case MUST go federal: Where the issue is a federal law Where there is a treaty involved (rare) Where the US Government is one of the parties in the case Where more than one state is involved

Lowest Federal Level: District Courts General trial courts with jury – both civil and criminal cases Each district court has one US District judge, appointed by the President and confirmed by the Senate for a life term There are 94 District Courts with (approx.) 663 judges

Circuit Court of Appeals or Appellate Courts Any case may be appealed to the circuit court once the district court has decided to determine if the lower court applied the law correctly. Federal appeals are heard by a panel of three circuit judges who read motions to affirm or reverse the lower court decision, then hear oral arguments and ask questions. No jury. There are 12 Federal Circuits with number of judges ranging from six (1st circuit) to 29 (9th circuit)

Supreme Court – highest court in US judicial system This is VERY important. Name them…?

Anthony Kennedy - 1988

Clarence Thomas - 1991

Ruth Bader Ginsburg - 1993

Stephen Breyer - 1994

John Roberts - 2005

Samuel Alito - 2006

Sonia Sotomeyor - 2009

Elena Kagen - 2010

More conservative Coalition: Thomas, Alito, Scalia, Roberts More liberal coalition: Ginsburg, Breyer, Sotomayor, Kagan Stephen Breyer: confirmed in 1994 Samuel Alito: confirmed in 2006 Sonia Sotomayor: confirmed in 2009 Elena Kagan: confirmed in 2010 Clarence Thomas: confirmed in 1991 Ruth Bader Ginsburg: Confirmed in 1993 Antonin Scalia: died in February (seat vacant) Swing: Kennedy John Roberts (Chief Justice): confirmed in 2005 Anthony Kennedy: confirmed in 1988

Neil Gorsuch – Federal appellate Judge from the 10th Circuit Court of Appeals (Colorado)

Why should we care about the Supreme Court? Brown v. Board (1954, 9-0 decision) Gideon v. Wainwright (1963, 9-0 decision) Miranda v. Arizona (1966, 5-4 decision) Loving v. Virginia (1967, 9-0 decision) Tinker v. Des Moines (1968, 7-2 decision) Roe v. Wade (1973, 7-2 decision) D.C. v. Heller (2008, 5-4 decision) Obergefell v. Hodges (2015, 5-4 decision) School Integration Everyone get a lawyer Rights read before arrest Interracial Marriage Free Speech in public schools Abortion as constitutional right Guns as protection in homes Gay Marriage

So how does a case get to the Supremes? Mostly appellate jurisdiction - last chance to appeal. Must have gone to the Circuit Court of Appeals OR the State Supreme Court IF dealing with Federal Law. Example (from U.S. Department of Justice): “If a First Amendment freedom of speech case was decided by the highest court of a state (usually the State Supreme Court), the case could be appealed to the federal Supreme Court. However, if that same case were decided entirely on a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.

So how does a case get to the Supremes? After a Circuit Court or State Supreme Court has ruled, the losing party may appeal to the Supreme Court…but the Supreme Court doesn’t have to hear the case. The party must file a “writ of certiorari” which requests the Supreme Court hear the case. Writ granted -> Case will be heard by Supreme Court Writ NOT granted -> Lower courts ruling stands 7,000-8,000 writs a year. Approx 80 accepted. (>1%)

How do the Supremes decide which writs to hear? If there are conflicting decisions across the country on an issue, the Supremes will grant a writ. CONTROVERSIAL. If the case has a clear constitutional question (freedom of religion or speech), the Supremes will grant a writ. HOWEVER, The court will not write laws The court will not grant a writ without standing…meaning the parties must have substantial stake in the outcome.

Works Cited "Introduction To The Federal Court System." U.S. Department of Justice. Office of the United State Attorneys, n.d. Web. 19 Sept. 2016.