1. 7-3: Supreme Court Procedures

2. Big Idea: Constitutionalism
Enduring Understanding:
The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.
Learning Objective:
Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court’s power.

3. Court Processes Briefs Oral Arguments Provided by each party
Cite relevant facts, legal principles, precedents
Amicus curiae briefs
Oral Arguments
Strict time limits
Questioning

4. Court Processes Discussion Voting Closed meetings
Presided by Chief Justice
Voting
Based on precedent and judicial philosophy
Majority rule (5 of 9)

5. Opinions Purpose Majority Opinion—official “opinion of the Court”
Present issues
Establish precedents
Set guidelines for lower courts
Majority Opinion—official “opinion of the Court”
Explains ruling
Becomes law of the land
Concurring Opinion
Stresses different legal reasons
Dissenting (Minority) Opinion
Expresses contrary point of view
No legal standing

6. Precedents Stare Decisis Example Exception “let the decision stand”
Look at precedents set by past cases
Helps make the Supreme Court consistent
Example
Baker v. Carr—courts have jurisdiction over congressional districts
Wesberry v. Sanders—“one person, one vote”
Shaw v. Reno—no racially-gerrymandered districts
Exception
Plessy v. Ferguson—separate but equal
Brown v. Board of Education—Plessy ruling violated equal protection clause