1. Chapter 12 Notes
Macdonald
Government

2. Supreme Court at Work Court Procedures How Cases Reach Court
Sits for 2 consecutive weeks per month
Oral arguments Mon – Wed
Wed & Fri – secret conferences to decide cases
In 2000, 8,900 cases appealed to S.C. – 83 heard
How Cases Reach Court
Write of Certiorari main way
Party wanting review must argue that legal error made
Or – case raises constitutional issue
If Supreme Court denies certiorari, then lower court decisions stand
Appeal – rare
Almost all cases involved federal gov’t in suit (represented by Solicitor General)

3. C. Steps in Deciding Cases
Not like regular court
Briefs (summary) submitted to tell facts / arguments
Ppl not directly involved, but have an interest can file amicus curiae (friend of the court brief)
Oral Arguments – 30 min for each side – Justices can interrupt to ask ?s or challenge argument
Conference – justices debate for about 30 min, then vote
D. Writing the Opinion – written explanation of decision
Unanimous opinion – everybody agrees
Majority opinion – states the opinion of the majority (winning side)
Concurring opinion- written when a justice agrees w/ the decision but for a different reason
Dissenting opinion – when justices disagree w/ majority

4. II. Shaping Public Policy
Tools for shaping policy (laws)
Judicial Review
a Brown vs. Board
Miranda vs. Arizona
Both said state laws unconstitutional
Interpret meaning of laws
PGA Tour vs. Martin interpreted American w/ Disabilities Act
Law vs. Nichols interpreted Civil Rights Act of 1964
Overruling previous decisions
Generally SC decisions stand & become model for later cases (stare decisis)
Exception - Olmstead v. U.S. – wiretaps on phones legal b/c police didn’t need to enter homes
Katz v. US – overturned Omstead / said violated 4th amendment

5. B. Limits on Court Limits on types of issues Lack to enforce decisions
Don’t deal w/ foreign policy
Don’t deal w/ state issues (marriage, divorce, etc.)
Mostly deal w/ ppl’s civil liberties or gov’t regulation of business
Lack to enforce decisions
Lower courts may ignore ruling
State courts may ignore ruling (school prayer in 1960s)