Deciding cases at the Supreme Court

How cases reach the Court Supreme Court session begins on the first Monday in October until June 30. Each month of the session Justices spend 2 weeks listening to oral arguments then 2 weeks on writing opinions.

How cases reach the Court Between June 30th and the next session in October, while on break, they study applications for review, write opinions, and catch up on other legal work.

How cases reach the Court Supreme Court is both a trial court & a court of appeals. They listen to cases involving representatives of foreign governments & disputes among states.

Acceptance Process of a Case Justices make a list of cases they want to discuss carefully. Justices will pick from the list the cases they will actually review. The Court will accept a case if 4 of the 9 judges agree to accept it.

Acceptance Process of a Case The case goes on the calendar or what is called the docket. The court gets over 7,000 cases a year, but only about 200 are accepted.

Steps in Decision Making Written Argument- Lawyers from each side prepare a brief explaining their position Oral arguments- Lawyers from both sides get 30 minutes to present their case to the Justices with tough questions asked by the justices.

Steps in Decision Making 3. Conferences- On Fridays the Justices make their first decisions on the cases with the meetings being secret. Justices will vote on the cases with at least 6 present. A majority vote is 5 votes Opinion writing- Once the Justices have reached a decision 1 justice will write a majority opinion giving the views of the majority vote. A justice who disagrees with the majority opinion will write a dissenting opinion.

Steps in Decision Making A justice who agrees with the majority opinion but for different reasons, may write a concurring opinion. 5. Announcement- When the opinion writing is completed, the court announces the decision through news reporters and the Court’s website

Influences on Decisions The Law Social Conditions Legal Views Person beliefs of the justices The law is most important influence on a decision. Courts rely on precedents. Stare decisis- “Let the decision stand” let cases establish precedence

Rulings on Federal Power Marbury v Madison- Established Judicial review (1803) McCulloch v Maryland- dispute between state and fed gov, Fed law stands (1819) Gibbons v Ogden- Established Congress has sole authority to regulate Commerce (1824)

Rulings on Civil Liberties Plessy v Ferguson- decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal". (1896) Brown Vs Bd of Education- Overturned Plessy v Ferguson and began school desegregation (1954) Roe v Wade- legalized abortion under certain circumstances (1973)

Rights of the Accused Gideon v Wainwright- declared a person charged with a crime had the right to legal counsel during trial. (1963) Miranda v Arizona- ruled that a person must be advised of legal rights before questioning by legal authorities (1966)