 1.) Three-tiered state court system: trial, appellate, supreme (differences between trial courts and appellate courts)  2.) Three-tiered federal court system a.) approx. 100 Federal district courts b.) 13 Federal Circuit Courts of Appeal c.) US Supreme Court: exerts complete (& strict) control over its own docket ----writ of certiorari --in forma pauperis  Brief digression: civil v. criminal cases

 1.) The District Courts: tradition of “senatorial courtesy”  2.) Increasing politicization of judicial confirmations: committee delay and grilling, holds & filibusters  3.) Failed Supreme Court nominations ---Fortas, Carswell, Haynesworth rejected for corruption/competence reasons ---Robert Bork (Reagan appointee) the first to be rejected for explicitly ideological reasons (1987)  ---Post-Bork nominations: Clarence Thomas (1991), Sonia Sotomayor (2009), Roberts & Alito  What factors make for a controversial nominee?  Increased coaching and evasion of tough questions

 1.) Act as referee between state and Federal governments (remember Federalism cases)  2.) Act as referee between Federal executive and legislative branches ---US v. Nixon (1974); Truman & the steel mills; line-item veto case  3.) Act as referee between Federal and state govts. and individual citizens (remember all those civil lib. Cases!)

 Power to strike down state laws: implied in supremacy clause  Power to strike down federal laws: where does it come from? The strange case of Marbury v. Madison (1803)  Trends in overturning Federal laws judicial activism v. judicial restraint

 1.) The “Discuss List” and the Rule of Four ---when to grant cert? exceptions: “defensive denials” and “aggressive affirmations”  2.) Oral argument  3.) The vote  ---What influences SC justices’ votes? a.) precedent? (stare decisis) b.) ideology (the attitudinal model)? c.) the Solicitor General? d.) amicus curiae briefs?

 Assigning the writing of the opinion  Dissenting opinions  Concurring opinions  Explaining the decline in consensual norms