7-3: Supreme Court Procedures

Big Idea: Constitutionalism Enduring Understanding: The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. Learning Objective: Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court’s power.

Court Processes Briefs Oral Arguments Provided by each party Cite relevant facts, legal principles, precedents Amicus curiae briefs Oral Arguments Strict time limits Questioning

Court Processes Discussion Voting Closed meetings Presided by Chief Justice Voting Based on precedent and judicial philosophy Majority rule (5 of 9)

Opinions Purpose Majority Opinion—official “opinion of the Court” Present issues Establish precedents Set guidelines for lower courts Majority Opinion—official “opinion of the Court” Explains ruling Becomes law of the land Concurring Opinion Stresses different legal reasons Dissenting (Minority) Opinion Expresses contrary point of view No legal standing

Precedents Stare Decisis Example Exception “let the decision stand” Look at precedents set by past cases Helps make the Supreme Court consistent Example Baker v. Carr—courts have jurisdiction over congressional districts Wesberry v. Sanders—“one person, one vote” Shaw v. Reno—no racially-gerrymandered districts Exception Plessy v. Ferguson—separate but equal Brown v. Board of Education—Plessy ruling violated equal protection clause