2. The U.S. Supreme Court Liberal/Activist Conservative/Restraint
Stephen Ruth Bader Sonya Elana Anthony John Samuel Clarence Neil
Breyer Ginsburg Sotomayer Kagan Kennedy Roberts Alito Thomas Gorsuch
Birthplace San Brooklyn Bronx New York Sacra Buffalo Trenton Pin Point Denver
Francisco mento
JD Institution Harvard Columbia Yale Harvard Harvard Harvard Yale Yale Harvard
Appt. By Clinton Clinton Obama Obama Reagan W. Bush W. Bush H.W. Bush Trump
Senate Vote
Born
Beliefs Jewish Jewish Roman Jewish Roman Roman Roman Roman Episcopal
Catholic Catholic Catholic Catholic Catholic

3. The U.S. Constitution & The Supreme court
Where is the basis for having a judiciary located in the U.S. Constitution?
Article III, Section 1 describes the basis and power for the judiciary:
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior.

4. Dual Court System & Jurisdiction
The U.S. has two court systems:
Federal – cases that involve federal law, admiralty law, the U.S. Government, a dispute between or among States, and/or if there is a dispute between or among citizens of different States.
State – cases that involve anything that is not of federal jurisdiction
Original jurisdiction means ability to hear the case first. The Supreme Court has original, but not exclusive jurisdiction in cases involving ambassadors and foreign parties, disputes between the U.S. government and a State government, or proceedings of a State against citizens of another State.
Exclusive jurisdiction means that those cases can only be heard in federal court.
Concurrent jurisdiction mean that the case can be heard in either federal or state court.

5. Organization of U.S. Court System
Courts in the U.S. are organized into federal and state, each containing three levels:
Trial Courts covers initial proceedings, either civil or criminal.
Appeals Courts evaluates potential errors made by trial court judges.
Supreme Court potentially reviews the decisions of all lower courts. Can affirm, reverse, or remand for reconsideration.

6. The Federal Court System
Appellate Review
Supreme Court of the United States
(Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court)
Federal District Trial Courts
Bankruptcy Court
Tax Court
Native Tribal Court
U.S. Courts of Appeals
Circuit Courts – Jurisdiction by geographic area.
Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter
Specialty Courts
Highest Review

7. (County, Circuit & Superior Court)
The State Court System
State Supreme Court
Possible
Appeal to the United States
Supreme Court
State Court of Appeals
General Trial Court
(County, Circuit & Superior Court)
Specialty Courts
Juvenile
Probate
Domestic
Relations
City or
Municipal
(Traffic)
Small
Claims

9. U.S. Courts Terminology
Plaintiff – the person or organization that initiates a civil lawsuit.
Prosecution – the government that seeks criminal penalties against the accused.
Defendant – the person or organization against whom the lawsuit is brought (civil or criminal).
Litigate – to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
Class Action Suit – a case brought by one person on behalf of many others who have similarly harmed.

10. The U.S. Supreme Court
Nine Justices sit on the Supreme Court. One Chief Justice and eight Associate Justices.
Chief Justice: John Roberts
8 Associate Justices*: Anthony Kennedy, Ruth Bader Ginsburg, Clarence Thomas, Samuel Alito, Stephen Breyer, Sonia Sotomayor, Elana Kagan, & Neil Gorsuch.
*Following the death of Antonin Scalia in February of 2016, there were only 7 Associate Justices until Neil Gorsuch was confirmed in April of 2017.

11. The Judiciary
Cases that come before the Supreme Court must first go through the trial and appeals process before a Writ of Certiorari can be granted. Once a case has exhausted the appeals process, in either the state or federal court system, parties can then submit a Writ of Certiorari.
Justices meet to review each Writ of Certiorari and then vote on whether to hear that particular case. It takes four votes for the Court to hear a case (Rule of Four).
The decision rendered is applicable to the entire nation, not just the parties in question.

12. The Supreme Court
Justices issue a written document explaining their reasoning in a case, known as a majority opinion, or by issuing one of three types of other opinions: a concurring majority opinion (agree with majority, but for different reasons) or a dissent (disagree with the majority) concurring dissent (disagree with the minority, but still disagree with the majority opinion.)
Cases that typically reach the Supreme Court include the following:
1. When two lower courts are in disagreement (circuit conflict).
2. When a lower court’s ruling conflicts with an existing Supreme
Court ruling.
3. When a case has broad importance/significance (desegregation, abortion,
mandatory health care, 4th amendment cases, terror suspect rights)
4. Egregious legal errors in a court below.

13. The Judiciary What is judicial review?
The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial.
The ultimate power of judicial review lies with the U.S. Supreme Court.
The source of judicial review is Marbury v. Madison.

14. Politics and the Supreme Court
Judicial Activism – aggressive view that the judiciary should seek to advance a legal and social agenda of either liberal or conservative ideologies.
Judicial Restraint – restrictive view that the judiciary should limit its involvement in government to purely legal issues; relying on the Executive and Legislative Branches to resolve issues of social importance.
Florida Sunshine State Standards
SS.C.1.4.3; SS.C.2.4.1&5
LA.A.2.4.3; LA.B.1.4.2; LA.C.3.4.2

15. Appointment of Judges
The President has the authority to nominate judges to the Supreme Court and the federal judiciary.
Remember, from Article II, Section II, Clause 2, the President shall nominate, and by and with the Advice and consent of the Senate, shall appoint…Judges of the Supreme Court.

16. Factors That Influence Supreme Court Nominations
Party affiliation (80% +)
Judicial Philosophy
Litmus Test – nominees stand on controversial issues like abortion, same sex marriage, and the death penalty
Background of nominee (education, experience, race, & gender)
Cultivating political support
Political favors
Interest group input
American Bar Association certification
Securing a safe nominee

17. U.S. Supreme Court Confirmation Process
White House staff reviews candidates and submits a short list to the President
FBI background investigation
Candidates submit financial disclosure forms
ABA grades candidates
Interest groups weigh in on candidates
President selects nominee
Stage 1
Presidential Nomination

18. U.S. Supreme Court Confirmation Process
Stage 2
Senate Judiciary Committee Hearings
Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation).
Interest groups may conduct campaigns for or against nominee (including TV ads).
Intense media attention to Senate hearings.
Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc.
Judiciary Committee votes up or down on nominee and sends recommendation to full Senate.

19. U.S. Supreme Court Confirmation Process
Stage 3
Full Senate Vote
Floor debate on nominee
Confirmation vote by full Senate (51+)

20. U.S. Supreme Court Confirmation Process
Stage 4
Oath of Office
If confirmed by the Senate, nominee sworn in, usually by Chief Justice
Once on the Court, justices can render decisions from the bench very different from what the nominating President had anticipated.
Independent
Judiciary

21. U.S. Supreme Court Confirmation Process
Stage 1: Presidential Nomination
FBI
Investigation
WHITE HOUSE
REVIEW
Certification
Stage 2: Senate Judiciary Committee Hearing
INTEREST
GROUP
Influence
MEDIA
Influence
Stage 3: Full Senate Vote
Stage 4: Oath of Office

22. The Constitution & the Supreme Court
Arguments for and against lifetime appointments in the federal judiciary:
For
It promotes judicial independence and objectivity.
Insulates justices from the day to day political process.
Against
All other government positions have some fixed term length.
Justices can act with impunity.