US Politics The Judiciary
Overview Sources of American Law The Federal Court System Judicial Process and the Supreme Court Checks and Balances
Sources of American Law Common-Law tradition Judge based stare decisis (precedent) judges bound to respect rulings of prior judges in similar cases
Sources of American Law Constitution Federal and State Statutes and Administrative Regulations Case Law previous decisions and interpretations of law
Federal Court System Federal System has a three tiered structure: District Courts (94) trial courts: they determine the facts of the case general jurisdiction limited jurisdiction (e.g., Bankruptcy Courts, Claims Court, Veterans Appeals, Tax)
Federal Court System Appeals Courts (Circuit Courts) 13 federal appeals courts appellate court doesn’t determine the “facts” of the case determines whether the rules and procedures were followed correctly
Federal Court System + one federal court = 13 Courts of Appeals
Number of Justices/Court 11 16 13 28 6 14 12 15 12 17 12 Federal Court Circuit has 12
Federal Court System Selection of Justices is based on presidential nomination, followed by “advice and consent” of Senate The lower level federal courts operate on basis of “senatorial courtesy” whereby the the ranking senator in the state in which the justice will be seated submits acceptable nominee list to president As go higher up the system, more involvement from the president and greater scrutiny by the Senate
Federal Court System US Supreme Court highest court in the land has some original jurisdiction primarily appelate court
Federal Court System Supreme Court 9 Justices Appointed by President with advice and consent of the Senate Lifetime appointment pending good behavior
Clarence Thomas (GHW. Bush; 1981 David Souter (GHW Bush; 1990) John Paul Stevens (Ford; 1975) Antonin Scalia (Reagan, 1986) John Roberts (GW Bush; 2005) Anthony Kennedy (Reagan; 1988) Clarence Thomas (GHW. Bush; 1981 David Souter (GHW Bush; 1990) Ruth Bader Ginsberg (Clinton; 1993) Stephen Breyer (Clinton; 1994) Samual Alito (GW Bush; 2006)
Court of Appeals for Federal Circuit Supreme Court State Supreme Court Court of Appeals for Federal Circuit State Appellate Courts State Trial Courts District Courts and other trial courts
Judicial Process: Terminology Parties to the lawsuit: plaintiff: party initiating the suit defendant: party that is target of the suit Standing having a sufficient “stake” in the matter to warrant bringing the suit Litigate to engage in a legal proceeding; that is bring to trial
Judicial Process Plaintiff files application to Supreme Court to hear case Until 1925, defendants had an automatic right to a Supreme Court hearing. The Judiciary Act of 1925 eliminated that provision. Supreme Court issues writ of certiorari Based on “rule of 4” 4 of the 9 justices must agree to hear the case Vast majority of cases are turned down e.g., in 2007/08 term, the court heard 75 cases, and then ruled on 72 cases, out of 8,241filings for appeal
Judicial Process Factors shaping issuance of the writ: unsettled area of law conflicting lower court rulings change in court membership advocacy by executive branch compelling issue for Chief Justice
Judicial Process Oral Argument Litigants file briefs with court amicus curiae briefs also filed Litigants argue case before the Court
Judicial Process Justices then deliberate Issue Decision and Opinion Decisions will: Affirm lower court ruling Reverse lower court ruling Remand to lower court
Judicial Process Decisions and Opinions The Decision is expressed in an opinion of the court Majority Opinion: the legal reasoning used by a majority of members to reach the decision Concurrent: members who agree with the decision but disagree with the argument used to get there Dissenting: the members of the court who disagree with the decision and the legal reasoning
Power of Supreme Court Through judicial review (Marbury v. Madison), Court has power to interpret the meaning of the Constitution Acts as important check on President, Congress, bureaucracy, and the states
Power of Supreme Court Checks on Supreme Court Appellate, so can’t initiate process No enforcement mechanism Amendment Public Opinion