1. Ch. 12.3 Influencing Court Decisions

2. The decisions that the Court makes are shaped by the following forces:
a. Existing laws
b. Personal views of the justices
c. Justices’ interactions with one another
d. Social forces & public attitudes
e. Congress & the president

3. B. Basing Decisions on the Law
Where the meaning of the law is not clear, the justices of the Court must:
a. Interpret the language
b. Determine what it means
c. Apply it to the circumstances of the case
In interpreting a law logically, the justices must relate their interpretations:
a. To the Constitution itself
b. To laws that are relevant to the case
c. To legal precedents

4. Views of the Justices
1. Most justices take same position in areas of personal concern.
2. Blocs—groups of justices with similar views exist on issues
a. Liberal or Conservative
b. The size & power of each bloc changes as justices retire & new justices come in.
c. Court badly split & a justice who is neither liberal or conservative may represent a swing vote—deciding vote

5. Relations Among the Justices
1. Justices who work easily with one another are more likely to find common solutions
2. Justices try to avoid conflicts even when they are at odds
3. Chief justice can influence the Court’s decisions in the following ways:
a. By directing decisions & framing alternatives while presiding over the Court during oral arguments & in conference.
b. By making up the discuss list & assigning the writing of opinions to the justices

6. The Court & Society
1. Justices are interested in keeping as much public support as possible. Court authority depends on public acceptance of its decisions
2. Values & beliefs of society influence Supreme Court justices.
a. as society changes, attitudes & practices that were acceptable in one period may become unacceptable in another

7. Balancing the Court’s Power
1. Presidents influence the Court in the following ways:
a. Using the power to appointment
b. Presidents may enforce Court decisions vigorously or with little enthusiasm.
2. Congress has tried to control the court’s jurisdiction by:
a. ability to hear certain cases
b. passing laws to limit the Court
c. reenacting a law in a different form
d. constitutional amendment to overturn a Court ruling
e. sets justices’ salaries & number of Justices
f. confirmation power to shape the Court’s position