The Supreme Court

Essential Question What is the Supreme Court’s role in the American judicial system?

What is the highest court in the land? Supreme Court

Supreme Court Original Jurisdiction Diplomats from foreign countries When the dispute involves a state or between states

Judicial Review Court can review laws or decisions made by the legislature Established by Marbury v Madison

How many members are on the Supreme Court? 9 (8 associates, 1 chief) Salaries: Associate - $194,200 Chief - $202,900

Backgrounds of most Supreme Court justices All have been lawyers Most have been judges or law professors Some public officials (Taft - President)

How do they get their position? President appoints Senate confirms

Chief Justice John Roberts Born-1955 Education-Harvard Law Resume -Supreme Court Clerk -White House Council -Judge, US Court of Appeals for D.C. Appointed by George W. Bush, 2005

#4 Conservative of all time Civil Rights Colorado entitled to be hostile to gay activities OK for religious groups to meet in schools Environment Allow development despite endangered species No lawsuits to prevent mining on federal lands

Associate Justice ANTONIN SCALIA Born-1936 Education-Harvard Law Resume -Judge, US Circuit Court of Appeals for D.C. Appointed by Ronald Reagan, 1986

#3 Conservative of all time Civil Rights Opposed banning homosexual sodomy laws GLBT groups not a protected group Environment Clean Air Act can regulate pollutants, not CO2 Can’t sue polluters after they stop polluting

Associate Justice ANTHONY KENNEDY Born-1936 Education-Harvard Law Resume Judge, 9th Circuit Court of Appeals Appointed by Ronald Reagan, 1988

#10 Conservative of all time Civil Rights Boy Scouts have the right to exclude gay scoutmasters GLBT are a protected group Environment Migratory birds do not extend the CWA to isolated bodies of water You may sue for past pollution

Associate Justice CLARENCE THOMAS Born-1948 Education-Yale Law Resume Judge, US Circuit Court of Appeals for D.C. Appointed by George H.W. Bush, 1991

#1 Conservative of all time Civil Rights Sodomy laws are silly, but enforceable Boy Scouts may exclude gay scout masters Environment Can’t sue after done polluting CWA only applies in navigable waters

Associate Justice RUTH BADER- GINSBURG Born-1933 Education-Columbia Law Resume Judge, US Circuit Court of Appeals for D.C. Appointed by Bill Clinton, 1993

#9 Liberal of all time Civil Rights GLBT is a protected class Boy Scouts must accept gay scout masters Environment May sue for past pollution Migratory birds extends the CWA to isolated waters

Associate Justice STEPHEN BREYER Born-1938 Education-Harvard Law Resume Supreme Court Clerk Judge, 1st Circuit Court of Appeals Appointed by Bill Clinton, 1994

Civil Rights GLBT is a protected class Boy Scouts must accept gay scout masters Environment CWA applies everywhere States may request the EPA to regulate CO2

Associate Justice SAMUEL ALITO Born-1950 Education-Yale Law Resume Judge, 3rd Circuit Court of Appeals Appointed by George W. Bush, 2005

#5 Conservative of all time Civil Rights Overturning of Separate but Equal is OK Women should consult husband before an abortion Environment CWA does not apply to wetlands States cannot request EPA to regulate CO2

SONIA SOTOMAYOR Born-1954 Education-Yale Law Resume Judge, US District Court,Southern New York Judge, 2nd Circuit Court of Appeals Appointed by Barack Obama, 2009

Civil Rights Struck down parts of the Patriot Act Underrepresentation of women in an industry = gender bias Environment EPA should balance cost and effectiveness Developing blighted areas, even if impact is negative, is acceptable

Associate Justice ELENA KAGAN Born-1950 Education-Harvard Law Resume US Solicitor General White House Counsel and Domestic Policy Advisor Dean Harvard Law School Appointed by Barack Obama, 2010

Civil Rights Defends Defense of Marriage Act – current law 1 st Amendment – protects church’s anti-gay protests at funerals Environment Started Environmental Law program at Harvard

Supreme Court Firsts Female - Sandra Day O’Conner African American - Thurgood Marshall

How many must vote to hear a case? 4

What types of cases are typically heard? If it involves a specific Constitutional question (Bill of Rights) Real people and real events Involves the entire country

Writ of Certiorari Lower court sends its records to the Supreme Court for review

Voting Majority wins 6 must be present to hear a case The lower court decision is upheld if there is a tie

Majority Opinion A statement explaining the majority view in a case in which the justices are divided

Concurring Opinion An opinion written by a justice who supports the majority opinion

Dissenting Opinion The written statement of a judge who disagrees with the majority decision