Chapter 16

Sotomayor, Breyer, Alito, Kagen Thomas, Scalia, Roberts, Kennedy, Ginsburg

Supreme Court Judges Chief Justice – John Roberts, Bush 2005 (Harvard Law 1979) Associate Justices Antonin Scalia, Reagan 1982 (Harvard Law 1960) Anthony Kennedy, Reagan 1988 (Harvard Law 1961) Clarence Thomas, Bush 1991 (Yale Law 1974) Ruth Bader Ginsburg, Clinton 1993 (Columbia Law 1959) Stephen Breyer, Clinton 1994 (Harvard Law 1964) Samuel Alito, Bush 2006 (Yale Law 1975) Sonia Sotomayor, Obama 2009 (Yale Law 1979) Elena Kagan, Obama 2010 (Harvard Law 1986)

Both systems have three tiers (established by the Judiciary Act of 1789):  District Court (trial courts)-litigation begins and courts hear the facts of the case at hand (original jurisdiction)  appellate courts--decide questions of law, not fact (appellate jurisdiction)  high or supreme courts (original & appellate jurisdiction).

 Allows the courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce policy  Judges have used this power sparingly.  The power has only been used about 140 times to strike down acts of Congress.  It has been used more frequently (over 1200 times) to invalidate acts of state legislatures.

 Participants in the Judicial System  Litigants Plaintiff- the party bringing the charge. Must have standing to sue - sufficient legal reason to bring charges. Defendant- the party being charged Jury- the people (normally 12) who often decide the outcome of a case

President Dept. of Justice Senators Senate Jud. Comm. ABA Senate Interest Groups

 Justices are appointed (not elected) to serve life terms subject only to good behavior. Senate must confirm all nominations by majority vote (Advice and consent)  Salaries of justices cannot be reduced  They set their own agenda based on the cases they select  The public has limited access to Court proceedings  Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over locally appointed judges 

 President appoints all judges  Senate must confirm appointed judges  Congress has the power to impeach judges  They rely on the others (executive branch/states) to enforce their rulings.  Congress may alter the structure of the court system (# of courts and justices)  Congress may amend the Constitution if the Courts find a law unconstitutional  Ex. Income tax originally found unconstitutionally so Congress added 16 th amendment

 Adversarial system – decision must be made between 2 choices, and court can’t bring up an issue  Justiciable dispute – must judge actual situations, not hypothetical situations  Political question – absence of law to rule on a case and the court calls on the Congress to create law Ex. – gay marriage – equal protection

Chapter 16 part 2

 US Supreme Court  2009/2010 – Argued 84 cases, decided 92  Hear appeals – writ of certiorari (to be informed of) – an appellate court order to bring the case before them then the court has discretion on whether or not to hear the appeal.  Rule of 4 – 4 justices needed to agree to hear a case from a lower court. Chief Justice John Roberts

 In recent terms, there have been between 8,000 and 10,000 cases appealed to the Supreme Court each year  Out of approx. 9,000 petitions in the average year, about are granted (0.8%) Paid Petitions Petitions that pay the $300 filing fee In forma pauperis litigants who can’t pay the filing fee (often prisoners) ~20% of petitions~80% of petitions 3-4% granted0.2% granted Make up 85-90% of docket Make up 10-15% of docket

The Chief Justice generates a discuss list, based on memos prepared by clerks. Other justices may add to the list. All cases generated by Solicitor General All (head Supreme Court lawyer for federal government,#4 in Justice Dept) are automatically discussed So are all Capital Cases (no such thing as a “frivolous case” here)

 Important Multiple amicus briefs (friend of the court) at cert stage Affects large number of people  Unique/one of a kind case this Court must decide  Interest Groups become involved to influence decisions by submitting Amicus Curiae briefs to influence the Supreme Court (NAACP)  Bring new points of view to the case  Federal government can also submit them.

Ranking tends to be: #1 - U.S. Solicitor General #2 - Corporations #3 - States #4 - Organized groups #5 -- Individuals

The Court RoomWho’s philosophy matters?  Marbury v. Madison  Court interpretes  Philosophy of the individual judges determine the answer to the legal questions  Ultimate authority resides in the U.S. Supreme Court

Sotomayor, Breyer, Alito, Kagen Thomas, Scalia, Roberts, Kennedy, Ginsburg

 They follow the “original intent” of the framers.  Go to great lengths to defer to the legislature (or executive) because they represent the majority of Americans.  Respect stare decisis, the principle of upholding established precedent handed down by past judges.  Example case: Plessey v. Ferguson (1896)  Stating that the “separate but equal” is okay.  Let the legislatures decide how to handle it. Justice Scalia video

 Courts believe it is their duty to uphold liberties because the leg. and exec. branches won’t always do that.  Believe in “case law.”  Courts making new public policies.  Brown v. Board of Education (1954)  Overturned the precedent set in Plessey.  Expected the states to act upon their ruling  Brown II (1955): “…with all deliberate speed.” Example case

 Justices read briefs pertaining to the case.  Hear oral arguments (30 minutes each side)  Meet to discuss cases and vote on decision  Write and announce opinions

 When an opinion is written (a decision), it often takes months and many drafts  Majority Opinion – justices in the majority must draft an opinion setting out the reasons for their decision (need 5 votes)  Concurring Opinion – justices who agree for other reasons can give their opinion  Dissenting Opinion – justices who disagree with the opinion write their side

 “John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson  “All deliberate speed” – Chief Earl Warren  10 years after Brown only 1% of Southern schools were desegregated  Court must rely on branches, states, and officials to enforce its ruling

 A Historical Review  John Marshall ( ) and the Growth of Judicial Review – Marbury v. Madison  The Warren Court ( ) – most active Supreme Court in shaping public policy in areas of desegregation & rights of the accused. Example Miranda v. Arizona

 The Burger Court ( )– Nixon chose Burger as the chief justice. This court was more conservative than the liberal Warren Court.  Example – Roe v. Wade

 A Historical Review  The Rehnquist Court ( ) – has slowly chipped away at liberal decisions such as those regarding defendants’ rights, abortion, and affirmative action.  Example: Bush v. Gore

 The right of the President to confidentiality refuse to disclose information to Congress or a court has been claimed by Presidents throughout American History.  Executive Privilege has been limited by the Supreme Court  Example: US v. Nixon

 President Roosevelt (FDR) attempted to increase the size of the Supreme Court.  He wanted to add six new judges to make a total of 15. (current judges did not support his new deal programs “nine old men.”)  Congress didn’t approve.