Judicial Review. Ayers v. Belmontes (12-13-06) KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, THOMAS, and ALITO,

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Presentation transcript:

Judicial Review

Ayers v. Belmontes ( ) KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, THOMAS, and ALITO, JJ., joined. SCALIA, J., filed a concurring opinion, in which THOMAS, J., joined. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined.

Ayers v. Belmontes ( ) KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, THOMAS, and ALITO, JJ., joined. SCALIA, J., filed a concurring opinion, in which THOMAS, J., joined. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined.

Randall v. Sorrell ( ) BREYER, J., announced the judgment of the Court and delivered an opinion, in which ROBERTS, C. J., joined, and in which ALITO, J., joined as to all but Parts II–B–1 and II–B–2. ALITO, J., filed an opinion concurring in part and concurring in the judgment. KENNEDY, J., filed an opinion concurring in the judgment. THOMAS, J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. STEVENS, J., filed a dissenting opinion. SOUTER, J., filed a dissenting opinion, in which GINSBURG, J., joined, and in which STEVENS, J., joined as to Parts II and III.

Randall v. Sorrell ( ) BREYER, J., announced the judgment of the Court and delivered an opinion, in which ROBERTS, C. J., joined, and in which ALITO, J., joined as to all but Parts II–B–1 and II–B–2. ALITO, J., filed an opinion concurring in part and concurring in the judgment. KENNEDY, J., filed an opinion concurring in the judgment. THOMAS, J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. STEVENS, J., filed a dissenting opinion. SOUTER, J., filed a dissenting opinion, in which GINSBURG, J., joined, and in which STEVENS, J., joined as to Parts II and III.

Opinions Describe History of Case Describe “Precedent” – Stare decisis – Reason by analogy Holding – Becomes precedent – Weight depends on majority v. plurality Examples

What Matters Not Just Who Wins / Who Loses REASONING

Focus on Judicial Review What Is It? Marbury v. Madison (1803) – Judiciary Act of 1789 John Marshall’s Judicial Review: Assumptions – The Constitution is best reflection of popular will – The Court can apply the law objectively

Interpreting the Constitution Strict Construction – Problems? Original Intent – Problems? Living Constitution – Problems?

Factors in Judicial Decision-making Factors – Law / precedent / stare decisis – Attitudes / ideology – Roll theory – Small group theory – Legal socialization What Does This Mean for Judicial Review?