1. Primary function is to resolve disputes over the meaning of
Federal law and the US Constitution.
Judicial review is one of the most important powers, the SC
Can review the actions, and laws of local, state and federal
Government to determine if they violate the Constitution.
They will be overturned if they do.
Judicial Review-Marbury v. Madison
Remember- they must wait for the matter to be brought to them.

2. Jurisdiction-the authority to hear and decide a case
Jurisdiction-the authority to hear and decide a case. SC has both appellate and original jurisdiction.
Original =a. foreign governments
b. Cases involving states
Very few cases come to the court this way. Most are appeals.
The court is most concerned about ensuring uniformity in decisions about the meaning of the Constitution and the interpretation of Federal Laws.
Specifically those that have national impact----abortion, privacy, death penalty, same sex marriage, right to refuse service, etc.

3. Supreme Court
Selecting cases-SC has original jurisdiction in cases involving foreign ambassadors or the US gov’t, disputes between states, disputes between a state and citizens of another state or country.

4. Gideon v. Wainright- Florida inmate said his 6th Amendment rights were denied. He was refused a lawyer. He won.
Petition for a Writ of certiorari- order seeking review of lower court case. If court grants, it will hear case. If no, the lower court ruling stands.
4 justices have to vote in favor of hearing a case on appeal before it is placed on the docket. (list of cases to be heard)
Clerks read all 9000 per year and make recommendations to Justices which should be heard. Generally only choose about 80 per year. About 1%. End of 14.1

5. SC case.
No witnesses
No evidence
No Jury
All 9 justices read written arguments (briefs) from each party and the notes from their clerks. Then each side gets 30 minutes to argue their side.
The brief explains how the party wants the case decided and the best argument why it should decided their way.

6. Amicus curiae briefs- friend of the court- submitted to SC by interest group who has goal that the court rule a particular way. These help SC justices understand how their decision will impact people. Sometimes many are submitted on each side.
During oral arguments- 30 min each side, Justices may ask questions.

7. Justices then meet to discuss the case
Justices then meet to discuss the case. Take preliminary vote, if they all agree on outcome and reasons they issue a unanimous ruling. Otherwise they issue a:
majority opinion- by at least 5 justices
Concurring opinion-agree with outcome but not reason.
Dissenting opinion-disagree with outcome
It is now the law! Lower courts are now expected to enforce the law.

8. SC appointed for life so are well insulated from popular opinion and politics.
BUT…. They rely on others to enforce their decisions. IF way away from public opinion they may loose support.
Changing times….SC decisions generally reflect changes in American society. Ex. Segregation, same sex marriage etc.

9. Plessy v. Ferguson- separation of the races in public transportation and other places did not imply inequality. (separate but = is ok) ie. As long as there is a black school where there is a white one its ok.
BUT-
Brown v. Board of Education Topeka, Kansas public schools must be segregated! (Separate but equal is NOT ok)
End 14.2

10. Selecting Justices:
Lifetime appointment to the court was designed to ensure a fair and impartial judiciary.
Can only be removed if impeached. RARE.
Process for SC justices is the same as other federal judges.
Constitutional requirements-nominated by president and confirmed by the senate. (no age, education, citizenship)
In the past confirmation was easy, 80% confirmed, NOW very political.

11. Confirmation NOW- President must choose a justice that is confirmable by the Senate. This is a check on the power of the Executive Branch. No skeletons in the closet!!! Nominee once named will begin working to be confirmed. He will meet with senators on the Senate Judiciary Committee, and prepare for his confirmation hearing. He will be asked about his qualifications, life, etc.
If the Committee approves of the nominee, the vote goes to the full senate. A majority vote determines confirmation.

12. All justices have great legal minds, but what separates them is their ideological perspective. How they view the Constitution……should it be strict interpretation (conservative) or a loose interpretation (liberal)
Presidents can have lasting impact by appointing justices that will carry on their ideology for years after their presidency.
End of 14.3

14. The Supreme Court- highest court in land, hears mostly appeals, hears cases in which a state is a party. 9 justices. Appointed for LIFE !!!
Article I Courts- created by Congress to hear certain types of cases.