1. Supreme Court Decision Making
Chapter 12

2. Objectives
Explain how the supreme court selects, hears, & decides cases
Identify ways the Supreme Court shapes public policy
Describe the forces that shape the Supreme Court’s Decisions

3. The Court’s Procedures
Cases are heard for 2 consecutive weeks per month
Oral arguments are typically heard Monday through Wednesday
The Court hears about 10% of cases that are appealed

4. How Cases Reach the Court
The main route is a writ of certiorari—order for a lower court to send a case for review
A small number of cases reach on appeal
Selecting cases is based on the “rule of four”—any 4 Justices agree to hear a case
Rulings can be given without hearing new info through a per curium opinion

5. Steps in Deciding Major Cases
Lawyers on both sides submit briefs—written, legal arguments
Parties not directly involved can submit amicus curiae—”friend of the court”
Lawyers are given 30 minutes to present oral arguments
Justices meet privately on Fridays to discuss cases that have been heard
A simple majority decides the vote; a tie means the lower court ruling stands

6. Opinions
Unanimous
Majority
Concurring
Dissenting

7. Shaping Public Policy The Court is a political and legal institution
Power to examine law is judicial review— established in Marbury v. Madison
Judicial review has influenced civil rights (i.e. Brown v. Board of Education and Miranda v. Arizona
The court also interprets existing laws—Roe v. Wade
A previous Court’s ruling sets precedent for future cases but can be overturned

8. Limits on the Supreme Court
The Court plays very little role in areas like foreign policy
Only substantial or potentially harmful cases are heard
The Court does not make its own agenda
Does not have power to enforce its rulings
Involved in the system of checks and balances

9. Decisions and Relationships
Decisions are to be made on law, not personal opinion
Must relate logically to the Constitution
Early Justices lived together during sessions
Harmony leads to compromise
Chief Justice directs discussion and relations between Justices

10. Balancing the Court’s Power
The President is responsible for appointing Justices
Every full term President except Carter appointed at least one Justice
Congress gives “advice and consent” on nominees and holds the power of impeachment
Balancing the Court’s Power