2.13 Court Procedures and Decisions

4 Ways Cases Reach Supreme Court Original Jurisdiction Two or more states US government and a State government US Government and foreign ambassadors or diplomats Writ of Certiorari To be made certain Most common used method; must involve Constitutional Question Order from Supreme court to lower court to send the records of case up for review If cert denied-lower court decision stands Certificate Few cases use this method Lower court uncertain about procedure or rule of law; lower court asks Sup. Crt. To certify answer Appeal Cases appealed from highest State Courts Few cases from Court of Appeals for the Armed Forces AP Chapter 16

Selecting Cases Justices use law clerks to research the information presented in oral arguments and briefs Clerks screen the approximately 9,000 petitions that come to SCOTUS each term Clerks are exceptional law school graduates who usually have experience clerking for a judge on or of the courts of appeal

Selecting Cases At least 1 justice must ask other justices to consider the case (the discuss list) 2/3’s appealed cases never make it to the discuss list For a case to be heard on appeal at least 4 of the 9 justices must agree to hear the case Rule of four AP Chapter 16

Officers of the Supreme Court Law Clerks Read all appeals & writes summaries on issues in each case Researches & writes first drafts of opinions Solicitor General Called federal government’s lawyer Represents U.S. in all cases AP Chapter 16

How Courts Set Limits on Cases Doctrine of political questions Avoid deciding some cases regarding conflicts between President & Congress Judges show preference for less contentious “technical” grounds avoiding decision of case based on Constitution Court employs issues of Jurisdiction, mootness, standing, ripeness Courts more likely to find state laws unconstitutional than federal laws AP Chapter 16

How the Supreme Court Operates Meets 1st Monday in October to July 4 Oral Arguments Hears cases for 2 weeks each month; then recesses for 2 weeks Oral Arguments begin 10 AM on Mondays, Tuesdays, Wednesdays & sometimes Thursdays Each lawyer gets 30 minutes Court usually hears 2 cases daily Briefs Detailed statements supporting a side of the case “Amicus Curiae Briefs” Court In Conference Wednesday afternoons & Fridays Justices meet in secret 6 Justices must be present If vote tied, lower court decision stands 1/3 of decisions unanimous AP Chapter 16

SCOTUS PROCESS Filing Briefs Amicus Curiae Brief Each party is required to file a brief or a detailed written statement, arguing on a side of a case. Cite relevant facts, legal principles, and precedents that support their arguments Amicus Curiae Brief Friend of the court, filed by an interest group or interested party to influence a SCOTUS decision. Used as a way to lobby the court.

SCOTUS PROCESS Listening to Oral Arguments Open to the public Attorneys are allowed 30 minutes to present their case Justices may and do interrupt the lawyers during this time, asking questions, or challenging points of law

SCOTUS PROCESS Discussion and Voting in Conference Closed meeting held on Fridays Chief justice presides over the meeting Each justice may speak on the case Informal poll determines how each justice is leaning on the case A formal vote may be taken at this or a future conference

Supreme Court Conference Room AP Chapter 16

SCOTUS PROCESS Opinions present the issue, establish precedents, and set guidelines for lower courts Opinion Writing If Chief Justice in majority, he assigns court’s majority opinion writing If Chief Justice in minority, senior justice assigns court’s majority opinion writing

4 Types of Court Opinions Majority Opinion Official opinion of Court Announces decision and gives the Court’s reasoning Serves as precedent Concurring Opinion Agrees with decision but for different reasons Dissenting Opinion/ minority opinion Written by justices in minority who do not agree with the decision Gives reasons for disagreement Per Curium Brief unsigned statement of Court’s decision that is decided without further information Less than ½ decisions are per curium AP Chapter 16

Factors that influence Court Decisions Opinion: Statement of legal reasoning behind a judicial decision. Stare decisis: basically to let the previous decision stand unchanged. Precedents: How similar past cases were decided. Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers. AP Chapter 16

Factors that influence Court Decisions Ideological Changes Establish new precedents Rejecting existing precedents

Implementing Court Decisions Must rely on others to carry out decisions Interpreting population: understand the decision Implementing population: the people who need to carry out the decision- may disagree Consumer population: the people who are affected (or could be) by the decision AP Chapter 16

5 Factors Affecting Court’s Decision Existing Laws Personal Views of Justices Justices’ Interaction with one Another Social Forces & Public Attitudes Congress & the President Ideological Changes Establish new precedents Rejecting existing precedents AP Chapter 16

Judicial Philosophy How a judge feels about the courts role in government NOT THE SAME as political philosophy

Judicial Activism Argue that the federal courts must correct injustices when other branches of government or the states refuse to do so Point to Brown v Board of Ed as an example of how judicial activism can be used to promote social justice

Judicial Restraint Argue that federal courts should use ONLY precedent and original intent to decide cases Argue that SCOTUS should defer to the elected institutions of government.

Factors Limiting Judicial Review Ability to overturn decisions increased acceptability of activist Congress can amend Constitution to change court decision alter appellate jurisdiction of Supreme Court Statutory construction (courts interpret acts of Congress) Congress can pass laws clarifying existing laws –in effect overturning courts Judiciary is ultimate arbiter of Constitution is exaggeration -we have 3 branches of government AP Chapter 16

Public Opinion and the Courts Insulated from direct political pressures Life terms Salaries cannot be reduced Sets its won agenda Limited public access Aware of public opinion Appointment and confirmation process keep them from deviating too far Constitution can be amended Congress can change their appellate jurisdiction Congress can change the number of justices Justices can be impeached.

The Courts & Democracy Courts are not very democratic Not elected Difficult to remove Court does reflect popular majorities Groups use courts when other methods fail- promoting pluralism Conflicting rulings lead to deadlock and inconsistency AP Chapter 16

Scope of Judicial Power Many scholars & judges favor judicial restraint Advocates of judicial activism believe courts may alleviate pressing needs of politically & economically weak AP Chapter 16

Discussion Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.