The Supreme Court The Judicial Branch
Judicial Branch Interprets the laws! What does that mean?
Courts Apply the law to specific cases/situations
Decisions: What does the law mean? Is it constitutional (SCOTUS)? Has a law been violated? à Can only interpret law when hearing a specific case; cannot interpret at will
Constitutional Article III SCOTUS only court specifically mentioned in Constitution, all other courts created by Congress Judges can t be fired, but can be impeached for bad behavior Appointed by President, confirmed by Senate
Supreme Court Court of last resort Precedents are binding Original and appellate jurisdiction Judiciary Act of 1789 Established federal court system Set # of justices at 6, there are now 9 (since 1869) Marbury v. Madison à judicial review FDR: courtpacking tried to increase number of justices to get SCOTUS to support New Deal
Federal Courts State Courts
Supreme Court Justices Who are they? John Roberts (C) Anthony Kennedy Ruth Ginsberg (L) Samuel Alito (C) Elena Kagan (L) Neil Gorsuch(C) Clarence Thomas (C) Stephen Breyer (L) Sonia Sotomayor (L)
Judicial Philosophies ** Judicial Activism = liberal Court should play active role in determining policies Loose interpretation of Constitution Should set precedents
Judicial Philosophies ** Judicial Restraint = conservative Court should avoid political and social questions Strict interpretation of Constitution Should not seek to set precedents ** Conservative and liberal not set in stone for justices, necessarily. Ex: Affordable Care Act/Roberts
How are they chosen? President appoints, Senate confirms
The confirmation process After President nominates, Senate has to approve (majority) Confirmation hearing nominees are asked questions about their personal life, career, finances Senate votes
Who influences nominations and confirmations? Interest Groups: support/oppose; lobbyists pressure senators American Bar Association: organization of attorneys; give ratings of justice nominees Current justices: support or oppose
Supreme Court Original Jurisdiction: Between 2 + states U.S. vs. State governments US and foreign ambassadors Constitutional issues ** this only makes up about 2-3 cases per year, most are appeals
Appellate Jurisdiction Writ of certiorari: order by SCOTUS for lower court to send up records in a given case for review Most involve serious constitutional issue or interpretation of federal act or treaty
Rule of Four SCOTUS clerk screens 9,000 petitions (writ of cert) Justices meet weekly to discuss petitions If 4 of 9 agree to hear, it is placed on the calendar Only about 75 cases are granted a year
SCOTUS at work Solicitor General Handles all appeals on behalf of US government Controls case schedule 4 th ranking member in Justice Department Current: Jeffrey Wall
Briefs Written statement arguing 1 side Relevant facts, legal principles, and precedents, as well as summary of lower court decisions amicus curiae = friend of the court Submits brief because they want their opinion heard (most are abortion/affirmative action)
Oral Arguments Lawyers have 30 minutes each to speak to justices Emphasize major points of brief
Conference Justices meet in secret session to discuss and vote. Chief Justice presides. Each justice gives opinion. Roberts likes debate so this part is important in current SCOTUS
Opinions After decision is made, justices writes formal opinion Explains decisions and how they voted Issues of the case, precedents, guidelines for future cases Three types: Majority: decision of 5+ Concurring: voted with majority but for different reasons than majority opinion Minority/Dissenting: vote against (4 or less)
Factors that Influence SCOTUS decisions 1. Precedents: stare decisis (let the decision stand) most SCOTUS cases are based on precedents from earlier cases Example: Baker v. Carr and Wesberry v. Sanders Sometimes precedents are overturned Example: Plessy v. Ferguson and Brown v. BOE
Factors that Influence SCOTUS decisions 2. Judicial Philosophy Judicial Activism or Restraint?
Factors that Influence SCOTUS decisions 3. Public Opinion Independent Branch Appointed for life Can t decrease salary Control own schedule (writ of cert) Limited public access (no media, unless given permission) Still influenced though Appointed and confirmed, so their decisions and ideology matter Constitution can be amended Congress can change jurisdiction Congress can change number of justices Justices can be impeached Sensitive to important issues of the nation (in other words, they re human too!)