1. Supreme Court Decision Making
Ch 12

2. We begin at the Supreme Court because…
Original jurisdiction
We don’t!
Majority of cases are appellant jurisdiction
Writ of certiorari (sersh-oh-rare-ee) - send up the records for review!
½ cases heard by Supreme Court involved- federal government
Solicitor general represents federal government

3. Ok we have the writ of certiorari now what?
Justices and CLERKS consider
Chief Justice “puts on the discussion list” (POWER decides 1st version of list)
4/9 accept the case
Rule w/o new info per curiam opinion
Accepted!
Submit a brief (lawyers)
Parties of interest brief – amicus curiae
2 weeks of oral arguments
conferencing + recess
Outcome: unanimous, majority opinion, concurring opinion (different reason), dissenting opinion

5. Remember…
the legislative branch is most productive Tuesday- Thursday (why?)
Supreme court- Monday-Wed (oral arguments) wed- Friday secret conference (2 weeks)
Recess- cases they’ve heard, read summaries of cases to consider (from who?), write opinions
P. 332 how is the rule of 4 related to the bullets above?
A: Hesitate to take on issues = harder to get 4 to agree to hear

6. Writ of Certirorari 1) legal error in handling the case
2) significant constitutional issue
What happens if it’s denied to be heard?

7. Solicitor General
Appointed by the President; expectation is to buffer between President + Supreme Court w/Pres views on legal best interest
Decide if the federal government should appeal
Lawyers for solicitor general do research for Supreme Court cases that involve federal government. Written and oral arguments support the governments position

8. Oral Arguments
30 minutes to present/?’ed by Justices (interrupt!) Chief Justice directs discussion
Conference: Chief Justice (who presently?) asks by seniority for views + conclusions (30 minutes w/present caseload)
@ least 6 Justices present for decision
Tie? Lower court decision stands

9. Written Opinions Set precedent for lower courts to follow
It’s a way to communicate w/Congress, President, Public
1/3 tend to be unanimous
Chief justice votes w/majority- assigns someone to write majority opinion
Vote against majority; most senior majority assigns to write opinion
Law clerks write 1st draft; accepted, revised w suggestions from justices, rejected
bargaining process- weeks/months process until announced during a sitting

10. Flow chart- appeals to the supreme court
Use the following words and your table buddy to create a chart showing the route of appeals to the Supreme Court
Announced, discussion list, reject, appeal, writ of certiorari, decide based on previous materials, full consideration, lawyers briefs, reject, announced, amicus curiae, revise, reject, oral argument, bargaining, opinion, conference, recess

11. p. 334 Clarence Gideon
Used 6th and 14th amendments to get a lawyer. Find the language in the 6th amendment that supported this idea.

12. Exit Slip List the 3 ways a case could get to the Supreme Court
List the 4 factors the Supreme Court uses to decide major cases once they’ve been selected for full consideration
Original jurisdiction, writs of certiorari, appeals
Submitting briefs
Oral arguments
The conference
Writing the opinion

13. Supreme Court shapes public policy
Judicial review
Interpreting the meaning of laws
Overruling/reversing previous decisions
150 federal unconstitutional
1,270 state local laws unconstitutional
Brown v board + Miranda v Arizona
REMEMBER the Supreme Court does not give advisory opinions only where ppl harmed/federal question is involved

14. The Supreme Court is a legal and political institution
They apply law to disputes which determines national policy
When judicial review is used, it discourages the passage of similar laws for years

15. Something to consider…
Ex parte Milligan (1866) found President Lincoln’s suspension of certain civil rights during the Civil War unconstitutional
Civilian tried in civilian court not military unless unavailable
Ex parte Endo- interned Japanese American released “loyal citizen”
How are they GITMO then?

16. Supreme Court powers limited
Range of topics; civil liberties (1964 Act made federal issue; increase caseload since), economic issues (govt. business regulations, environmental protection), federal legislature, due process, suits against govt. officials
¼ time from supreme court is spent on prisoners challenging convictions
Right to a fair trial
Proper use of evidence – must show HARM! Not just I don’t like…
Lack of enforcement: lower courts don’t strictly enforce (school integration)
lack of ability to monitor
prestige usually followed

17. 2000 Election Bush/Gore p. 342
A per curiam decision! What’s that mean again?
Indeed, some per curiam decisions are accompanied by dissenting opinions. See, e.g., Bush v. Gore, 531 US 98 (2000).

18. Influencing court decisions….
Gray area- look for logical connections (Constitution), statutes, legal precedent
Existing laws, personal views, interactions with other justices, social forces +public attitude, Congress and the President
BUT LAW is the foundation for decisions
Societies values and beliefs change; should justices serve for life?
Checks and balances:
President appoints justices and enforces court decisions
Congress; passes laws that nullifies an earlier court ruling, passes a law to end the courts authority to hear certain cases (never passed), sets # justices, refuses confirmation of nomination, cannot reduce salary, but fail to increase

20. Voting bloc- liberal/conservative perspective; anticipated voter
Swing vote- justices whose views aren’t consistent w/either bloc
The life of a Justice
Washington DC boardinghouse
Washington DC house W/family
“90% time function as 9 independent law firms meeting only for oral arguments + conferences” communicate in writing

21. Exit slip
What forces inside and outside court influence decisions?

22. Feeling good about the Supreme Court?
You have the opportunity to write a Supreme Court Justice and share with us…
What are their likes/dislikes of the job?
What are their most difficult/interesting cases
What are their thoughts on lifetime appointment?
How man clerks do they have?
Earn yourself some extra credit. Must submit the letter before sending…probably should type…