The Supreme Court

Jurisdiction Original Original Who hears the case first Who hears the case first Supreme Court has Original Jurisdiction: Supreme Court has Original Jurisdiction: State sues a State State sues a State Appellate Appellate Hears the case on appeal Hears the case on appeal Most cases get to Supreme Court this way Most cases get to Supreme Court this way Focus on Constitutionality of Laws vs. Guilt or Innocence. Focus on Constitutionality of Laws vs. Guilt or Innocence.

Judicial Review The Court’s ability to declare a law as unconstitutional The Court’s ability to declare a law as unconstitutional Overturn laws Overturn laws Marbury v. Madison (1803) Marbury v. Madison (1803)

Selecting Cases Rule of 4 Rule of 4 Four Justices needed to hear case Four Justices needed to hear case Writ of Certiorari Writ of Certiorari An order from the Supreme Court to a lower court to send up all information about case An order from the Supreme Court to a lower court to send up all information about case Reasons for Denial: Reasons for Denial: Moot Question – already been decided Moot Question – already been decided Political Question Political Question

The Process Sittings Sittings Listen to oral arguments Listen to oral arguments Announce decisions from earlier cases Announce decisions from earlier cases Oral Arguments Oral Arguments Each side has ½ hour to present their side Each side has ½ hour to present their side Cut off at 30 minutes (light) Cut off at 30 minutes (light) Justices will often interrupt with questions Justices will often interrupt with questions No jury or witnesses (lower courts) No jury or witnesses (lower courts)

Process con’t Conferences Conferences Behind closed doors Behind closed doors Consider new appeals Consider new appeals Discuss cases heard earlier Discuss cases heard earlier Chief Justice presides Chief Justice presides All votes are equal All votes are equal Need a majority to decide Need a majority to decide Must have 6 Justices to decide Must have 6 Justices to decide

Decisions / Opinions Purpose of Supreme Court Decisions Purpose of Supreme Court Decisions Facts of the case Facts of the case Announce Court’s decisions Announce Court’s decisions Justifies Court’s reasoning Justifies Court’s reasoning Importance Importance Instructs lower courts on how to rule on future cases Instructs lower courts on how to rule on future cases

Decisions / Opinions Types of Opinions: Types of Opinions: Unanimous – all vote the same Unanimous – all vote the same Majority (the ruling) – includes the opinion of the majority Majority (the ruling) – includes the opinion of the majority Concurring Concurring Written by Justice(s) that agree with the majority but for different reasons Written by Justice(s) that agree with the majority but for different reasons Dissenting Dissenting Written by Justice(s) who disagree with the majority Written by Justice(s) who disagree with the majority

Supreme Court Judges 9 current Judges 9 current Judges Started with 7FDR – Court Packing Started with 7FDR – Court Packing 2 Females, 1 A.A., 6 Old White Men 2 Females, 1 A.A., 6 Old White Men How Chosen: How Chosen: President selects President selects Senate confirms Senate confirms

Supreme Court Judges Terms of Office: Terms of Office: LIFE term of office (not sentence) LIFE term of office (not sentence) Importance Importance Influence of Supreme Court Judges Influence of Supreme Court Judges Lasts much longer than the President who chose them Lasts much longer than the President who chose them Why? Why? Allows Judges to rule / interpret the law how they see it and are not influenced by public opinion Allows Judges to rule / interpret the law how they see it and are not influenced by public opinion Removes them from Political Process (votes) Removes them from Political Process (votes)