Consider: What is the structure of the federal court system? The Last Word: Assignment #20 for tomorrow

AP Government and Politics Chapter 9

The Original District and Circuits Created by the Judiciary Act of SC Justices 13 Districts 3 Circuits “Riding the Circuit”

The US Court System – Legislative and Constitutional (judicial) courts

How do cases get to federal court? The federal courts only have jurisdiction over certain subjects, or only when certain parties are involved in the case Congress has enlarged and diminished this jurisdiction over time Original vs. Appellate jurisdiction State courts hear cases related to state laws; federal courts hear cases related to federal laws Exclusive vs. Concurrent jurisdiction Certain situations may present the ability to be heard in either state or federal court. Typically, the prosecutors will consider the jurisdiction with harshest penalty, or more likely victory. US vs. Lopez

The path of a federal case… Usually begin in federal district court. District courts are the trial courts of the federal court system. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico.

Step 2: Circuit Courts of Appeal Courts of Appeal Created as a separate level, with their own justices, in the late 1800s The 94 judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. There are 23 circuit court judges in the 3 rd circuit…

Appealing to the Supreme Court If a party loses in Circuit court, they may appeal their case to the Supreme Court Most cases reach the Supreme Court on appeal from the Circuit Courts How many justices does it take to decide to hear a case? Why is this number unusual? If the justices decide to hear a case, they will issue a “writ of certiorari” Out of the thousands of petitions for certiorari that are submitted every year, roughly 10% are granted. How does the court “decide to decide”? What criteria would you use?

Who gets selected to be a justice? Membership/Selection Discussion Qs

Consider: Why might some justices change their “politics” after being on the bench for a little while? The Last Word: # 21 for Monday

The Selection Process What is the process by which federal court judges (including Supreme Court justices) are selected?

Getting “borked”? According to columnist William Safire, the first published use of bork as a verb was "possibly" The Atlanta Journal-Constitution of August 20, Safire defines to bork by reference "to the way Democrats savaged Ronald Reagan's nominee, the Appeals Court judge Robert H. Bork, the year before.”

Getting to the Court "Even if he was mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises and Cardozos and Frankfurters and stuff like that there." What do you think of this perspective? What factors does a president usually take into account when making a nomination for the Supreme Court? What happens sometimes to the ideological leaning of a justice once appointed? Why might this occur? Why are the following “criteria” which are sometimes placed on nominees considered controversial? Senatorial Courtesy? A “litmus test”? Should the Senate be a “rubber stamp” with regard to who the president has appointed?

Alito on Becoming A Judge

FrontPage: What do president’s look for in a Supreme Court nominee? The Last Word: #21 for Monday

Sotomayor confirmation story

Roberts Confirmation hearing

Sotomayor confirmation hearings