U.S. Supreme court November 8, 2017

Sessions The Supreme Court is in regular session from early October through most of June.

the first woman justice Justices The Constitution is silent about the size of the Supreme Court. By law, the number has been set at nine for some time. The court includes a chief justice and eight associate justices. Who is this person? Sandra Day O’Connor, the first woman justice

Chief Justice John Roberts Role of the Chief Presides over public sessions and private conferences Calls special sessions Assigns justices the responsibility of writing the opinion of the court when the chief is in the majority Who is this guy? Chief Justice John Roberts

Thurgood Marshall, the first African American to serve on the Court Jurisdiction Although the Supreme Court has the constitutional authority to try a limited number of cases, in practice it is only an appellate court, hearing cases appealed from the U.S. courts of appeal and the highest courts of each state. Who is this guy? Thurgood Marshall, the first African American to serve on the Court

Appeals from State Courts Cases can be appealed from the highest state courts to the U.S. Supreme Court if they concern a significant federal issue involving federal law or the U.S. Constitution.

Sonya Sotomayor, the first Hispanic Supreme Court justice Nominations Filling vacancies on the Supreme Court has become a highly political process. Who is this person? Sonya Sotomayor, the first Hispanic Supreme Court justice

Dynamics of Nomination Process Justices time retirements strategically Presidents look for young men and women with firm ideological convictions but without track records that can be attacked Who is the guy on the right? Justice Samuel Alito

Dynamics of Confirmation Process The confirmation process is highly political with the White House and interest groups conducting public relations campaigns in hopes of putting pressure on wavering senators to confirm or reject the president’s choice. Robert Bork, a Reagan nominee who was rejected by the Senate, primarily because he was too conservative

Most Nominees Confirmed The Senate confirms most Supreme Court nominees. Since 1789, the Senate has approved 124 of 153 nominations, but the process is growing more polarizing. Who is this guy? Associate Justice Clarence Thomas

Supreme Court Justices Age Appointed by Religion Law school John Roberts 62 G. W. Bush Roman Catholic Harvard Anthony Kennedy 80 Reagan Clarence Thomas 68 G.H.W. Bush Yale Ruth Bader Ginsburg 83 Clinton Jewish Columbia Stephen Breyer 79 Samuel Alito 64 Sonya Sotomayor Obama Elena Kagan 56 Neil Gorsuch 50 Trump Episcopal Church

Deciding to Decide Each year, litigants appeal 7,000 to 10,000 cases to the Supreme Court, far more cases than the Court can reasonably handle. As a result, the justices screen the cases brought to them to decide which ones merit their attention.

Rule of Four The actual selection process takes place in conference, a closed meeting of the justices of the Supreme Court. The justices decide which cases to hear based on the Rule of Four, a decision process used by the Supreme Court to determine which cases to consider on appeal, holding that the Court will hear a case if four of the nine justices agree to the review.

Few Cases Selected In practice, the Supreme Court grants certiorari or cert, for short, the technical term for the Supreme Court's decision to hear arguments and make a ruling in a case, to only about 1 percent of all the cases appealed to it.

Test Cases The legal requirement that the Supreme Court can only rule when presented a case gives interest groups an incentive to promote and finance test cases, lawsuits initiated to challenge the constitutionality of a legislative or executive act. Brown v. Board of Education of Topeka, for example, was a test case initiated by the NAACP. Note: Test cases are a means that interest groups use to influence court rulings.

Cases Chosen The justices choose cases with legal issues of national significance that the Court has not already decided, cases involving conflicts among courts of appeals or between a lower court and the Supreme Court, and cases in which the constitutionality of a state or federal law is under attack.

Briefs The attorneys for the litigants submit briefs arguing the merits of the case. The Court may also receive amicus curiae or friend of the court briefs, written legal arguments presented by parties not directly involved in the case, including interest groups and units of government. Friend of the court briefs are a way that interest groups (and other parties as well, such as state governments) have to influence court rulings.

Oral Arguments Attorneys for the litigants present oral arguments publicly to the nine justices in the courtroom of the Supreme Court building. The Court usually allows each side half an hour to make its case and answer any questions the justices may ask. The justices heard more than two hours of arguments on the constitutionality of healthcare reform.

Majority rules on the Supreme Court. Initial Vote A few days after oral arguments, the justices meet in closed conference to discuss the case and take a tentative vote. The Court decides cases by majority vote—5-4, 6-3, 7- 2, 8-1, or 9-0. Majority rules on the Supreme Court.

Opinion Assignment If the chief justice sides with the Court's majority on the initial vote, the chief either writes the majority opinion or assigns another justice the task. If the chief justice does not vote with the majority, the most senior justice in the majority is responsible for opinion assigning. Chief Justice Roberts wrote the majority opinion in NFIB v. Sibelius (2012), the case upholding the constitutionality of the Affordable Care Act.

Majority Opinion The majority opinion (or the opinion of the Court) is the official written statement of the Supreme Court that explains and justifies its ruling and serves as a guideline for lower courts when similar legal issues arise in the future. The majority opinion is more important than the actual decision of the Court because the majority opinion establishes policy

Dissenting Opinion A dissenting opinion is a judicial statement that disagrees with the decision of the court's majority. Justices write dissenting opinions in order to note disagreement with the Court's ruling, emphasize the limits of the majority opinion, and express the conscience of the individual justice. Justices Thomas, Scalia, Alito, and Kennedy dissented in NFIB v. Sibelius.

Concurring Opinions A concurring opinion is a judicial statement that agrees with the Court's ruling but disagrees with the reasoning of the majority opinion. A justice may write a concurring opinion to point out what the Court did not do in the majority opinion and identify the issues that remain open for further litigation.

What You Have Learned What does the Constitution indicate about the size of the Supreme Court? What is the role of the Chief Justice? From what courts are cases appealed to the Supreme Court? Why is the process of filling vacancies on the Supreme Court so contentious? How does the Court decide which cases to accept on appeal? What are the procedures of the Supreme Court? What sorts of opinions do the justices write?