1. The Supreme Court
Chapter 18

2. Judicial Review Marbury v. Madison establishes judicial review
The power of the Supreme Court to declare any act of government (law, court case, executive act) unconstitutional
What does it mean to declare a law unconstitutional?
Makes the Judicial Branch equal to the other branches

3. Supreme Court Jurisdiction
Has both original and appellate jurisdiction
Most cases come on appeal from lower federal courts and highest state courts

4. How Cases Reach the Court
8000 cases are appealed to the Supreme Court each year- only a few hundred reach the Court
Usually justices reject the request because justices agree with the decisions of the lower courts
Court selects cases according to the “rule of four” Called “writ of certiorari”
At least four of the nine judges must agree to hear a case for it to be on the Courts’ docket
When “cert” is denied, the decision of the lower court stands–

5. How the Court Operates: Oral Argument/Briefs
Court sits from October to June or July
Justices consider cases in 2 week cycles- hear oral arguments for 2 weeks then recess to consider cases
Written documents filed before oral arguments
Details support one side of the case or another

6. Court in Conference
Chief Justice presides over the conference then each justice summarizes his or her views
Speaking order based on seniority
About a third of decisions are unanimous but most are divided

7. Opinions Majority opinion-opinion of the Court “winners”
Announces the decision
Written by Chief Justice if he is in majority
Concurring opinion- in agreement with the majority opinion but have a different reasoning (still on “winning side”)
Usually justices want to make a different point not made in majority opinion
May be more than one concurring opinion
Dissenting opinion- the “losers” of the case. Written by justices that do not agree with majority