The Judicial Branch The Supreme Court Decision Making

The Supreme Court at Work

Procedure Court sits for two consecutive weeks each month during the term (1st Monday of October- June). Court sits for two consecutive weeks each month during the term (1st Monday of October- June). Mondays thru Wednesday oral arguments are heard Mondays thru Wednesday oral arguments are heard Wednesdays and Fridays justices conference to decide cases Wednesdays and Fridays justices conference to decide cases After the two weeks justices work privately paperwork such as: After the two weeks justices work privately paperwork such as:

Opinions (written statement of how they decided the case) are worked on Opinions (written statement of how they decided the case) are worked on Consideration of potential cases Consideration of potential cases

How Cases Reach the Court Writs of Certiorari (Writ of Cert) Writs of Certiorari (Writ of Cert) Writs of Certiorari (order from the USSC to a lower court to send records for a case under review) are the most common method Writs of Certiorari (order from the USSC to a lower court to send records for a case under review) are the most common method These are attained through the petition by a litigant in the case These are attained through the petition by a litigant in the case 90% of the Writs submitted are rejected. 90% of the Writs submitted are rejected.

Appeals Appeals Few cases reach the USSC on appeal Few cases reach the USSC on appeal If the case is not heard by the USSC the lower court ruling is final If the case is not heard by the USSC the lower court ruling is final

Selecting Cases All justices submit a list of cases for consideration and place them on a discuss list All justices submit a list of cases for consideration and place them on a discuss list If not put on the list the case will not be heard If not put on the list the case will not be heard Then the justices talk about the cases in conference. Then the justices talk about the cases in conference. Here armed with research and information on the cases justices give their views on the case. Here armed with research and information on the cases justices give their views on the case.

If four justices want to hear the case it is accepted for decision. If four justices want to hear the case it is accepted for decision.

Deciding Minor Cases The USSC can quickly rule on case with or without more information than is provided in the Writ of Cert process The USSC can quickly rule on case with or without more information than is provided in the Writ of Cert process If decided without further information the USSC either returns the case to a lower court for a new decision or announces a per curiam opinion (a unsigned statement of the USSC decision). If decided without further information the USSC either returns the case to a lower court for a new decision or announces a per curiam opinion (a unsigned statement of the USSC decision).

Deciding Major Cases Submitting Briefs Submitting Briefs Lawyers submit briefs (written statement of legal arguments, relevant facts, and precedents regarding the case at hand) Lawyers submit briefs (written statement of legal arguments, relevant facts, and precedents regarding the case at hand)

Those not directly involved in the case, but who have an interest in its outcome can submit amicus curiae briefs that contain information that they wish the USSC to consider in deciding the case. Those not directly involved in the case, but who have an interest in its outcome can submit amicus curiae briefs that contain information that they wish the USSC to consider in deciding the case. Subtle way of lobbying the USSC Subtle way of lobbying the USSC Oral Arguments Oral Arguments

Lawyers from both sides are then asked to present before the USSC an oral argument that lasts only 30 minutes highlighting the key points of the case. Lawyers from both sides are then asked to present before the USSC an oral argument that lasts only 30 minutes highlighting the key points of the case. The Conference The Conference On Friday the justices meet for 6-8 hours and discuss the cases in private, with no formal record of these meetings being kept. On Friday the justices meet for 6-8 hours and discuss the cases in private, with no formal record of these meetings being kept.

Each decision gets about 30 minutes of discussion. Each decision gets about 30 minutes of discussion. The Chief Justice asks each justice in order of seniority to give their views, and then they vote. The Chief Justice asks each justice in order of seniority to give their views, and then they vote. There must be 6 justices present to vote There must be 6 justices present to vote A majority must be achieved to decide a case. A majority must be achieved to decide a case.

If a tie is the result the lower court decision is left standing. If a tie is the result the lower court decision is left standing. Writing the Opinion Writing the Opinion For every case the Court issues at least one opinion. For every case the Court issues at least one opinion. This sets precedent- the interpretation of law lower courts should follow in the future when making their decisions. This sets precedent- the interpretation of law lower courts should follow in the future when making their decisions.

They also communicate to the public the Courts views. They also communicate to the public the Courts views. Types of Opinions Types of Opinions Unanimous Opinion: all justices vote the same way Unanimous Opinion: all justices vote the same way Majority Opinion: expresses the view of the majority justices on a case Majority Opinion: expresses the view of the majority justices on a case

Concurring Opinion: An opinion written by a justice who agrees with the majority, but for a different reason or reasons. Concurring Opinion: An opinion written by a justice who agrees with the majority, but for a different reason or reasons. Dissenting Opinion: the opinion of the justices on the losing side of a case Dissenting Opinion: the opinion of the justices on the losing side of a case

Shaping Public Policy

USSC Tools for Shaping Policy Judicial Review Judicial Review The power to invalidate laws at all levels of government makes the USSC a power in shaping public policy. The power to invalidate laws at all levels of government makes the USSC a power in shaping public policy.

Judicial Review and Civil Rights Judicial Review and Civil Rights Cases such as Brown v. The Board of Education of Topeka and Miranda v. Arizona have shaped the direction of Civil Rights in our nation’s history. Cases such as Brown v. The Board of Education of Topeka and Miranda v. Arizona have shaped the direction of Civil Rights in our nation’s history. Interpretation of Laws Interpretation of Laws Laws at all levels are written with language that can lead to need for interpretation. Laws at all levels are written with language that can lead to need for interpretation.

For example what is a “reasonable” accommodation for a person with a disability. For example what is a “reasonable” accommodation for a person with a disability. An interpretation of any law in the land by the USSC applies to the entire nation, regardless of the area of origin. An interpretation of any law in the land by the USSC applies to the entire nation, regardless of the area of origin. Overruling Previous Rulings Overruling Previous Rulings

The principal of stare decisis- “let the decision stand”- does rule the court system, but the law must remain flexible and adaptable to changing times. The principal of stare decisis- “let the decision stand”- does rule the court system, but the law must remain flexible and adaptable to changing times. The Court can and will overturn itself. The Court can and will overturn itself. Social climate and changing justices are two factors that can cause this to happen Social climate and changing justices are two factors that can cause this to happen

Plessy v. Ferguson was overturned by Brown v. the Board of Education of Topeka Plessy v. Ferguson was overturned by Brown v. the Board of Education of Topeka Olmsted v. United States was overturned by Katz v. United States Olmsted v. United States was overturned by Katz v. United States

Limits on Supreme Court Power Types of Issues Types of Issues USSC tends to stay away from foreign policy cases, but does not hesitate issues involving civil liberties, economic issues, and legislative issues. USSC tends to stay away from foreign policy cases, but does not hesitate issues involving civil liberties, economic issues, and legislative issues. They also get involved in state vs. national government power issues. They also get involved in state vs. national government power issues.

Types of Cases Types of Cases USSC will only hear cases where its decision will make a difference, where the plaintiff has suffered real harm, where there substantial federal question, and traditionally they have stayed away from cases with political questions. USSC will only hear cases where its decision will make a difference, where the plaintiff has suffered real harm, where there substantial federal question, and traditionally they have stayed away from cases with political questions. Limited Control Over Agenda Limited Control Over Agenda

All cases have to come from elsewhere in the legal system- thus limiting the USSC’s power to get involved in areas it sees to be key issues. All cases have to come from elsewhere in the legal system- thus limiting the USSC’s power to get involved in areas it sees to be key issues. Lack of Enforcement Power Lack of Enforcement Power The Court lacks any enforcement arm to make sure all parties follow their decisions- they rely on the executive branch and Congress to aid in this area. The Court lacks any enforcement arm to make sure all parties follow their decisions- they rely on the executive branch and Congress to aid in this area.

Checks and Balances Checks and Balances The power of the President to appoint justices and of the Congress to confirm and remove justices checks the power of the judicial branch. The power of the President to appoint justices and of the Congress to confirm and remove justices checks the power of the judicial branch.

Influencing Court Decisions

Basing Decisions on Law All decisions must have a basis in the laws and statutes- they cannot be just what justices wish them to be. All decisions must have a basis in the laws and statutes- they cannot be just what justices wish them to be.

Views of the Justices Justices are people and they have their individual views that do influence their legal stances. Justices are people and they have their individual views that do influence their legal stances. These can lead to blocs- groups of people who vote the same way on certain issues on the Court. These can lead to blocs- groups of people who vote the same way on certain issues on the Court. Blocs can lead to swing votes- the deciding vote when the Court is split into blocs on an issue. Blocs can lead to swing votes- the deciding vote when the Court is split into blocs on an issue.

Relationships Among the Justices Personal conflicts can make Court work contentious and difficult. Personal conflicts can make Court work contentious and difficult.

The Court and Society The Court relies on public support to keep pressure on the different branches and levels of government. The Court relies on public support to keep pressure on the different branches and levels of government. As society’s views on key issues have changed, so have the USSC’s views. As society’s views on key issues have changed, so have the USSC’s views.

Balancing The Court’s Power Presidential Influence Presidential Influence Appointment power Appointment power Enforcement of decisions Enforcement of decisions Congressional Influence Congressional Influence Can introduce laws that limit the power of the USSC Can introduce laws that limit the power of the USSC Can refuse to raise justice’s salaries. Can refuse to raise justice’s salaries.

Can set the number of justices Can set the number of justices Can influence justice selection through tough confirmation process. Can influence justice selection through tough confirmation process.