Homework: OL due tomorrow FrontPage: NNIGN

Supreme Court Ideology

The decision in DC vs. Heller NO. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home. Justices John Paul Stevens and Stephen Breyer filed dissenting opinions. Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well- regulated state militia, not for other purposes even if they are lawful.

On the Supreme Court… Interviews with Supreme Court Justices Scalia on Judges ture=relmfu ture=relmfu

The Nomination & Confirmation Process What are the steps in the nomination/confirmation process for the Supreme Court? “Short list”/Interviews? The official nomination Who contributes their “two cents”? Senate questionnaire Senate Judiciary hearing Senate vote to confirm Kagan’s Confirmation Hearing – Day 2 Alito Interviews for the Job

Homework: OL 333 – 335 due Friday FrontPage: Where do most Supreme Court cases come from? "Do you ever have one of those days when everything seems unconstitutional?"

To Cert or not to cert… The Supreme Court receives thousands of petitions to hear cases every year. Of those thousands, only about are actually heard each year If a party loses its case at the circuit level, it may choose to petition the Supreme Court to review the decision: It is asking for a writ of certiorari; The justices will get together in conference and discuss the petitions that the Chief Justice has placed on the discuss list Other justices may also put petitions on this list if they believe they are in need of discussion Most cases are received by the issuance of a writ of certiorari; known as a “cert” The court asks the lower court to send the record of the case to the SC so that it can make a decision

Once a case is selected… 3 options: The court may decide to issue a per curiam opinion, if it knows how it will rule in the case – issues an unsigned general decision in the case It may decide to hear the case – will put it on the docket Vacate and Remand – send the case back down to the lower court to be retried in light of new circumstances The Petitioner – the person who writes the petition for the writ of certiorari The Respondent – this is the person who won the case in the lower court The SC justices do not have time to review all of these petitions; their clerks will read them, and make suggestions about which are the most important **What would be some good reasons for the acceptance of a case by the Supreme Court