1. The Supreme Court Today…

2. RECENT SUPREME COURT NEWS
Supreme Court & Chicago Gun Ban
Obama’s Nominee to the Supreme Court
Supreme Court in the News
Chicago Hand Gun Ban Overturned
Snyder v. Phelps: US Supreme Court & Free Speech
RECENT SUPREME COURT NEWS

3. THE U.S. SUPREME COURT Sets the most important precedents
Why the Court is significant:
Sets the most important precedents
All courts must follow U.S. Supreme Court decisions
Supreme Court has changed many laws
Upheld all-male draft registration
Ended segregation
Allowed drug testing of high school athletes
Declared forced prayer in schools unconstitutional

4. How the Court Functions
9 Justices hear each case
A Majority Rules
Does not consider all appeals brought to it
Of 8,000 cases brought, they consider 80
More than ½ come from inmates (4, 000)
Petitions for certiorari = request of a lower court to send up its records
99% of these requests are denied
Can set its own Agenda:
Usually takes cases where lower courts disagree
Takes cases it believes deal with critical national policy
How the Court Functions

5. Court’s Term = 1st Monday of October thru the end of June
75% of cases heard come from Federal Courts/25% from State Courts
In about ½ of the cases, the opinion of lower court is reversed.
Authority to interpret the meaning of the Constitution and federal laws
Job Description

6. Party who appeals to the SC = usually the losing party in a federal circuit court of appeals or state supreme court
Process =
1. request in writing that court hear case = legal brief
Emphasizes why case should be heard rather than how it should be decided
2. Party that won the case in lower court = submits a brief that explains why case should not be heard
3. If 4/9 judges agree to hear the case, a petition for certiorari is granted
**one exception to majority rule on the Court
Procedure

7. Trials at the Supreme Court
Step 1: Parties write briefs arguing to court how case should be decided
Step 2: Oral argument is scheduled at the Court
Each side is given 30 minutes to present to the Justices
Step 3: Justices ask questions of the lawyers
Step 4: Justices meet in private to discuss the case and process of opinion drafting begins
More than1/2 of all decisions are unanimous (i.e. 9-0)…media emphasizes disagreement
Trials at the Supreme Court

8. Appointment 9 Justices are nominated by President
Confirmed by the Senate
Appointment is for life
Appointment

9. The Federal Judicial Circuits

10. The Role of Society Court can reverse earlier Supreme Court Decisions
Society’s prevailing views may change
Newly appointed Justices disagree with earlier perspectives and decisions
Example: Many cases from the ’60’s and ’70’s were reversed in the 80’s and 90’s
Court became more conservative
The Role of Society

11. Critics and Proponents of the Appointment Process
Claim judges should not be nominated for personal or political viewpoints
Other criteria such as…
Experience & expertise as a lawyer or judge
Intelligence & integrity
Good moral character
Critics and Proponents of the Appointment Process

12. Proponents of the Appointment System
The President should be able to appoint whomever he or she wishes including people with similar viewpoints.
Is this fair?
Is this constitutional?
Is this how other jobs work?
Proponents of the Appointment System

13. Landmark Cases that Affect You!
Texas vs. Johnson: Burning the Flag as an act of protest…
Roe vs. Wade: The Right to Choose or Right to Life
Landmark Cases that Affect You!