US Politics
The Judiciary
Overview
• Sources of American Law
• The Federal Court System
• Judicial Process and the
Supreme Court
• Checks and Balances
Sources of American Law
• Common-Law
tradition
– Judge based
– stare decisis
(precedent)
• judges bound to respect
rulings of prior judges
in similar cases
Sources of American Law
• Constitution
– Federal and State
• Statutes and
Administrative
Regulations
• Case Law
– previous decisions and
interpretations of law
Federal Court System
• Federal System has a
three tiered structure:
– District Courts (94)
• trial courts: they
determine the facts of
the case
• general jurisdiction
• limited jurisdiction
(e.g., Bankruptcy Courts,
Claims Court, Veterans
Appeals, Tax)
Federal Court System
• Appeals Courts (Circuit Courts)
– 13 federal appeals courts
– appellate court
• doesn’t determine the “facts” of the case
• determines whether the rules and procedures were
followed correctly
Federal Court System
+ one federal court = 13 Courts of Appeals
Number of Justices/Court
11
16
28
13
6
14
12
15
12
17
Federal Court Circuit has 12
12
Federal Court System
• Selection of Justices is based on
presidential nomination,
followed by “advice and
consent” of Senate
• The lower level federal courts
operate on basis of “senatorial
courtesy” whereby the the
ranking senator in the state in
which the justice will be seated
submits acceptable nominee list
to president
• As go higher up the system,
more involvement from the
president and greater scrutiny
by the Senate
Federal Court System
• US Supreme Court
– highest court in the
land
– has some original
jurisdiction
– primarily appelate
court
Federal Court System
Supreme Court
– 9 Justices
– Appointed by President
with advice and
consent of the Senate
– Lifetime appointment
pending good behavior
John Roberts
(GW Bush; 2005)
John Paul Stevens
(Ford; 1975)
Antonin Scalia
(Reagan, 1986)
Anthony
Kennedy
(Reagan; 1988)
David Souter
(GHW Bush; 1990)
Ruth Bader Ginsberg
(Clinton; 1993)
Stephen Breyer
(Clinton; 1994)
Clarence Thomas
(GHW. Bush; 1981
Samual Alito
(GW Bush; 2006)
Supreme Court
Court of Appeals
for Federal
Circuit
State
Supreme
Court
State
Appellate
Courts
District Courts and
other trial courts
State Trial
Courts
Judicial Process: Terminology
• Parties to the lawsuit:
– plaintiff: party initiating the suit
– defendant: party that is target of the suit
• Standing
– having a sufficient “stake” in the matter to warrant
bringing the suit
• Litigate
– to engage in a legal proceeding; that is bring to trial
Judicial Process
• Plaintiff files application to Supreme Court to hear
case
– Until 1925, defendants had an automatic right to a
Supreme Court hearing. The Judiciary Act of 1925
eliminated that provision.
• Supreme Court issues writ of certiorari
• Based on “rule of 4”
– 4 of the 9 justices must agree to hear the case
• Vast majority of cases are turned down
– e.g., in 2007/08 term, the court heard 75 cases, and
then ruled on 72 cases, out of 8,241filings for appeal
Judicial Process
• Factors shaping issuance of the writ:
–
–
–
–
–
unsettled area of law
conflicting lower court rulings
change in court membership
advocacy by executive branch
compelling issue for Chief Justice
Judicial Process
• Oral Argument
– Litigants file briefs
with court
– amicus curiae briefs
also filed
– Litigants argue case
before the Court
Judicial Process
• Justices then
deliberate
• Issue Decision and
Opinion
– Decisions will:
• Affirm lower court
ruling
• Reverse lower court
ruling
• Remand to lower court
Judicial Process
• Decisions and Opinions
– The Decision is expressed in an opinion of the
court
• Majority Opinion: the legal reasoning used by a
majority of members to reach the decision
– Concurrent: members who agree with the decision but
disagree with the argument used to get there
• Dissenting: the members of the court who disagree
with the decision and the legal reasoning
Power of Supreme Court
• Through judicial review (Marbury v.
Madison), Court has power to interpret the
meaning of the Constitution
• Acts as important check on President,
Congress, bureaucracy, and the states
Power of Supreme Court
• Checks on Supreme Court
–
–
–
–
Appellate, so can’t initiate process
No enforcement mechanism
Amendment
Public Opinion