1. Unit 2 Chapter 12 Supreme Court Decision Making
Section 1: The Supreme Court at Work
Section 2: Shaping Public Policy
Section 3: Influencing Court Decisions

2. Essential Question
How does the Supreme Court determine which cases it will hear and the outcome of the each case?

3. Section 1
The Supreme Court at Work

4. Facts of Congress: Judicial Branch

5. PBS Supreme Court Videos
Watch three videos on this site:
Creation of the Courts
Showdown
You have the right to remain silent

6. How Cases Reach the Court
1) Writ of Certiorai
2) Appeal
An order from the Court to a lower court to send up the records
Lower court has either made an error or a constitutional issue is raised
Decision of lower federal or state court has been requested to be reviewed

7. Solicitor General
Appointed by the President and represents the federal government before the Supreme Court
Determines whether the Federal government should appeal lower courts decisions to Supreme Court

8. Solicitor General Question
Who is the solicitor general of the United States?
Jeffrey Wall

9. Selecting Cases
“Rule of Four”- only four of nine justices need to agree to hear a case
Per Curian Opinion- brief, unsigned statement of the Court’s decision
Occurs when court rules without consulting new information

10. Steps in Deciding Major Cases

11. 1) Submitting Briefs
Brief- written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case
Amicus Curiae- briefs written by individuals, interest groups, or government that have useful information for the court to consider

12. 2) Oral Arguments
After briefs lawyers from each side present oral arguments before the court Monday-Wednesday
They usually last 30 minutes

13. Oral Argument Video
Chief Justice John Roberts on Oral Arguments

14. 3) The Conference Justices meet Wednesday and Fridays
A tradition is they shake hands
The conference meetings are secret
A majority must be in agreement to decide a case, and at least 6 must be present.

15. Supreme Court Conference Video
Justice Kennedy on Court Conferences

16. 4) Writing the Opinion
Opinion- written statements on cases they have already decided
States the facts of the case, announces the Court’s ruling, and explains its reasoning in reaching the decision

17. 4 types of Opinions Unanimous- all justices vote the same way.
Majority- expresses the views of the majority of the justices on a case
Concurring- Agree with majority’s decision but have a different reason why
Dissenting- opinion of justices on the losing side in a case

18. Opinions Videos http://www.youtube.com/watch?v=u9_wAVxKO1o
Opinions and the Obama Healthcare Law

19. Tools for Shaping Policy (pages 336–339)
A. The Court determines policy in three ways:
1. using judicial review;
2. interpreting laws;
overruling or reversing its previous decisions.
B. Using judicial review, the Court may examine laws and actions at all levels of government and cancel them if they violate the Constitution.
C. The Court uses judicial review most often to review state and local cases, but sometimes its review of federal cases can have a tremendous impact on the nation, as in the Brown (1954) and Miranda (1966) cases.

20. Tools for Shaping Policy (pages 336–339)
D. The Court’s interpretation of the very general language of laws allows it to decide how the law applies to specific situations.
E. The Court’s rulings become precedents on which to base other, similar decisions; however, since times change, the Court may overturn or reverse its earlier decisions. Some Supreme Court decisions have resulted in great social upheaval.

21. Limits on the Supreme Court
Types of Issues
Types of Cases
Control of Agenda
Lack of Enforcement Power
Checks and Balances

22. Influencing Court Decisions
1. Basing decisions on the Law
2. Personal views of the justices
3. justices’ interactions with one another
4. social forces and public attitudes
5. Congress and the President