T HE C OURT ’ S P ROCEDURES Submitting Briefs − Legal arguments on the case − Parties not directly involved may submit amicus curiae Oral Arguments The.

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Presentation transcript:

T HE C OURT ’ S P ROCEDURES Submitting Briefs − Legal arguments on the case − Parties not directly involved may submit amicus curiae Oral Arguments The Conference − Justices meet to discuss cases on Fridays Writing the Opinion − Unanimous opinion − Majority opinion − Concurring opinion − Dissenting opinion

G ETTING C ASES TO THE C OURT Fall under Supreme Court’s original jurisdiction Writ of certiorari − Order from the court to send the records for a case up − Generally select very few On Appeal The Solicitor General − Appointed by the President and represents the federal government − Determines if lower federal court decisions should be appealed Rule of Four − If four of nine justices agree to accept the case, they will hear it − Either ask for more information or rule on info already available Per curiam opinion – a brief, unsigned opinion

T OOLS FOR S HAPING P OLICY 3 Ways Supreme Court Determines Policy − Using judicial review Ruled Abraham Lincoln could not suspend certain civil rights − Interpreting the meaning of laws Decipher loose wording − Over-ruling previous decisions Stare decisis – let the decision stand − Previous decisions create a precedent

I NFLUENCING P UBLIC P OLICY

L IMITS ON THE S UPREME C OURT Limits on Types of Issues − Minor role in foreign policy − Bulk of cases are civil liberties Limits on Types of Cases − Decision must make a difference − The plaintiff must have suffered real harm − Must involve a substantial federal question − Will not decide on issues the executive or legislative branch can decide

L IMITS ON THE S UPREME C OURT Limited Control Over Agenda − Wait for cases to arrive to their desk Lack of Enforcement Power − Lower court judges may ignore decisions − President and Congress can fail to enforce decisions Checks and Balances − President appoints justices − Congress approves appointments and can impeach and remove