THE JUDICARY (FEDERAL COURTS)

Judiciary and Democracy What is undemocratic about the federal judiciary? What is undemocratic about the federal judiciary? Where or how is democracy enhanced by the judiciary? Where or how is democracy enhanced by the judiciary?

Important aspects of the Courts SCOTUS: Nine justices, set in SCOTUS: Nine justices, set in The Supreme Court in the Constitution. The Supreme Court in the Constitution. Congress and inferior courts. Congress and inferior courts. Dual court system Dual court system ?? ?? $: Associate justices, $213,900; chief justice, $223,500. (As of 2010.) $: Associate justices, $213,900; chief justice, $223,500. (As of 2010.)

Judicial Review What was it again? What was it again? Begun with Chief Justice John Marshall. Begun with Chief Justice John Marshall. Established in Marbury v. Madison. Established in Marbury v. Madison.

Federal Court System

How Virginia Rolls

Federal District Courts — Trial Courts of Original Jurisdiction Most cases in the federal court system are first heard in one of the 94 district courts. Most cases in the federal court system are first heard in one of the 94 district courts. Has Grand juries that indict defendants Has Grand juries that indict defendants Only level of federal court that uses juries and witnesses. Only level of federal court that uses juries and witnesses. Virginia has two districts: Eastern and Western. Virginia has two districts: Eastern and Western.

U.S. Courts of Appeal — Intermediate- level Courts of Appellate Jurisdiction No new cases – only appeal. No new cases – only appeal. 12 geographic regions (circuits) to hear appeals from the district courts. 12 geographic regions (circuits) to hear appeals from the district courts. U.S. Court of Appeals for the Federal Circuit. U.S. Court of Appeals for the Federal Circuit.

Map of Circuit Courts of Appeal

U.S. Supreme Court A court of both original jurisdiction and appellate jurisdiction A court of both original jurisdiction and appellate jurisdiction The decisions and opinions of the Supreme Court become the most important sources of precedent on federal and constitutional questions for courts at all levels of jurisdiction. The decisions and opinions of the Supreme Court become the most important sources of precedent on federal and constitutional questions for courts at all levels of jurisdiction. Decisions establish precedents that guide other judges; significance of stare decisis. Decisions establish precedents that guide other judges; significance of stare decisis. Not the most diverse crowd: only four women, two African Americans, and one Latina have been appointed to the top bench, and none earlier than the 1960s. Not the most diverse crowd: only four women, two African Americans, and one Latina have been appointed to the top bench, and none earlier than the 1960s. Court opens its TERM on 1 st Monday in Oct and ends the following Oct., but they stop hearing arguments in May/June and then decisions roll out; by July/Sept. they are planning on cases to look at next term. Court opens its TERM on 1 st Monday in Oct and ends the following Oct., but they stop hearing arguments in May/June and then decisions roll out; by July/Sept. they are planning on cases to look at next term.

Homework: Who are these people?

Going to the TOP!

Writ of Certiorari (Rule of Four) Four justices decide if entire Court will hear a case. Four justices decide if entire Court will hear a case.

The Court has a number of screening mechanisms to control its docket. Real and adverse: real people. Real and adverse: real people. Standing: real conflicts. Standing: real conflicts. Ripe. Ripe. Forms and procedures. Forms and procedures. Writ of Certiorari Writ of Certiorari

The Supreme Court in Action Chief Justice. Chief Justice. Each chamber averages 7 people: Each chamber averages 7 people: The Justice. The Justice. Three to four clerks. Three to four clerks. Two secretaries. Two secretaries. One messenger. One messenger.

Ideology IdeologyJustice:President:Year:ThomasBush1991 ScaliaReagan1981 Alito GW Bush 2006 C.J. Roberts GW Bush 2005 KennedyReagan1988 BreyerClinton1994 GinsburgClinton1993 KaganObama2010 SotomayorObama2009 All presidents, FDR to Reagan (except Ford), appointed 90+% justices from their own party. All of the above (except Kagan) were US Circuit Court judges.

Don’t know who Roberts is? His wife answered here!

Deciding Cases Reads Briefs (written arguments). Reads Briefs (written arguments). Including those from Amicus curie. Including those from Amicus curie. Oral argument. Oral argument. Conference, decision. Conference, decision. Written opinions. Written opinions. Majority opinion. Majority opinion. Concurring opinion. Concurring opinion. Dissenting opinion. Dissenting opinion.

Ideology of SCOTUS Scores developed by Andrew Martin and Kevin Quinn.

Another take

And yet another…

Finally

Decision Making Philosophy Philosophy Strict interpretation/Originalism. Strict interpretation/Originalism. Living Constitution. Living Constitution. When to Jump In: When to Jump In: Judicial activism. Judicial activism. Judicial restraint. Judicial restraint.