1. How A Supreme Court Case is Chosen…a journey

2. Step 1 Writ of certiorari Must meet two criteria
Request to Supreme Court to order lower court records
Must meet two criteria
Must come from U.S. court of appeals, military court of appeals, district court or state court
Must involve a federal question
Justices look over cases up for vote

3. Step 2
Rule of 4
4 justices must vote for a case for it to be put on the docket and the calendar
Lawyers (for both sides) provide briefs for the justices to read

4. Step 3 Oral arguments begin: Must stop when they see the red light!
each side allotted 30 minutes to present their case
including questioning by justices
Must stop when they see the red light!

5. Step 4 Justices Conference Vote taken
cases discussed
Vote taken
Chief Justice discusses first followed by the order of seniority
Minds can still be changed at this point!

6. Step 5 Writing the opinions
assigned by the Chief Justice if in the majority
otherwise, most senior member in majority

7. Opinions Court must provide legal reasons for its opinions
Stare decisis: reliance on past decisions or precedents to formulate decisions in new cases
Principles of stare decisis dictate that the justices follow the law of previous cases in deciding cases at hand

8. Writing Opinions
Majority opinion: written by one member of the Court and reflects the views of at least a majority of the justices—sets out legal reasoning and this becomes precedent for future cases
Concurring opinion: written by a justice who agrees with the outcome of the case, but not the legal rationale for the decision—outlines its own rationale
Dissenting opinion: written by one or more justices who disagree with the opinion of a majority or plurality of the court

9. Judicial Implementation
How do Supreme Court rulings translate into public policy?
J. I. : how and whether judicial decisions are translated into actual public policies
Brown v. Board of Education
Ruling was in 1954, schools still desegregating in the 1970s…
REMEMBER: The Executive and Legislative Branches of government must use their powers to help implement the decisions of the court!