THE SUPREME COURT Lesson 2:

Supreme Court The Supreme Court is described as the court of last resort It is the highest court It has the final say

How is the SC organized? 9 Justices – 1 Chief Justice John Roberts Runs the court – 8 Associate Justices Appointed by the president – Approved by the Senate (2/3 vote) Term: Serve for life

The Roberts Court, 2010 Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader GinsburgSonia SotomayorStephen G. BreyerSamuel A. Alito Elena KaganClarence ThomasAntonin ScaliaChief JusticeJohn G. RobertsAnthony KennedyRuth Bader Ginsburg

How the Court Operates The court “sits” from October to June/July Alternates between hearing and deciding cases – 2 weeks hearing cases – 2 weeks deciding cases

Jurisdiction of Supreme Court Appellate Jurisdiction – Most cases come to SC on appeals from the Federal Appeals Court or state supreme courts Original Jurisdiction (1-2 cases per year) – Cases involving disputes between states – Cases brought against ambassadors

How does the SC Choose Its Cases? The party that lost the case at the appeals level will petition (ask) the SC to take its case Supreme Court issues a writ of certiorari – “to make certain” – Legal document ordering the lower court to send up the court record for review

How does the SC Choose Its Cases? The Rule of Four – For a writ of certiorari to be granted, 4 of the 9 Justices must agree to hear a case – Each year, 10,000 cases are petitioned to the SC – SC issues writs of cert for 100 or so.

After deciding to hear a case, briefs are prepared Legal Brief – A written document that supports one side of a case – Includes relative facts about the case and references to previous cases – Why you should win Justices read briefs to prepare for the case

Oral Arguments In oral arguments, attorneys from both sides appear before the court Each lawyer has 30 minutes to present the case and answer questions from Justices Session is open to the publicopen to the public

Conference After oral arguments, Justices meet in conference – Closed session to discuss and decide the case – Takes a majority (5 of 9) to win a case – If there is a tie, lower court decision stands

No cameras or video in court

Decisions Majority Opinion – Announces the court’s decision and explains the reasoning behind the decision – If the Chief Justice sides with the majority, he writes the decision Otherwise, it is written by the most senior member

Different Opinions Dissenting Opinion – Written by the justice that disagrees with the majority opinion – Explains why he/she disagrees Concurring Opinion – Written by the justice who agrees with the majority opinion but for difference reasons – Adds or stresses a new point not in the majority opinion

Precedent What is precedent and why is it important? Supreme Court decision that serves as a basis for deciding future cases in the same way

Why is the Supreme Court So Powerful? Due to the power of judicial review Allows the Supreme Court to declare laws and actions unconstitutional Established by Marbury v Madison (1803)

The Players John Adams: Out- going president Thomas Jefferson: In-coming president James Madison: TJ’s Secretary of State William Marbury: Appointed Justice of the Peace by Adams John Marshall: Chief Justice of the SC