1. The U.S. Supreme Court

8. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions from litigants wanting to appeal to them Then, each justice makes a list – a discuss list – of what cases they would most like to see

9. The justices meet in secret with their discuss lists Starting with the most junior justice, they bring up cases and talk about them In order to hear a case, 4 justices have to say they want to hear it Granting cert. is agreeing to hear a case

10. Rule of 4 4 is not a majority The 4 that want to hear a certain case have to be sure that they can get a 5 th judge to side with them Its a strategic process

11. Cue Theory Realistically, there are lots of cases that come to the court and are not read or studied – it would be impossible to read/study all of them Justices (and their clerks) look for specific characteristics or cues

12. Cues 1.Issues – accept constitutional issues/civil liberties 2.Conflicting rules – when lower courts disagreed 3.Lawyers – good attorneys they have seen before have an influence 4.Amicus Curiae briefs – more likely to accept cases with briefs that ask them NOT to hear the case

15. Meet the S.C. Justices!

16. Chief Justice John Roberts Jr. Appointed by President George W. Bush in 2006 Conservative From upstate New York; educated at Harvard

17. Justice Antonin Scalia Appointed by President Reagan in 1986 Conservative From New Jersey; educated by Georgetown and Harvard

18. Justice Anthony Kennedy Appointed by President Reagan in 1988 Moderate From California; educated by Stanford and Harvard

19. Justice Clarence Thomas Appointed by President George H. Bush in 1991 Conservative From Georgia; educated by Holy Cross College and Yale

20. Justice Ruth Bader Ginsburg Appointed by President Clinton in 1993 Liberal From New York; educated by Cornell, Harvard, and Columbia

21. Justice Stephen Breyer Appointed by President Clinton in 1994 Liberal From California; educated by Stanford, Oxford, and Harvard

22. Justice Samuel Alito Jr. Appointed by President George W. Bush in 2006 Conservative From New Jersey; educated by Yale and Princeton

23. Justice Sonia Sotomayor Appointed by President Obama in 2009 Moderate/Liberal Raised in the Bronx; educated by Princeton and Yale Law School

24. Justice Elena Kagan Appointed by President Obama in 2010 Moderate/Liberal Raised in the New York City; educated by Princeton, Oxford and Harvard Law School