Bell Ringer!!!
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You have 10 minutes to complete any questions
and summary portions of yesterday’s Cornell
Notes.
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New Section Essential Question:
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How does the Supreme Court choose what cases to
review, and what are some of those “landmark”
cases?
The Supreme Court
How cases reach the Supreme Court:

The 9 justices look at the possible cases, &
if 4 approve, they will hear the case (rule
of 4)
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Docket: official calendar/schedule of
cases for the Court to hear
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(2006) 8,900 cases appealed to the S.C.
 67
hearings & full opinions, only decided a few
hundred cases total
The Supreme Court
Deciding Cases:

Written Arguments: After accepting a
case, lawyers from each side submit
briefs, or written explanation of that side
of the case

Oral Arguments: Lawyers from each side
present their case to the Supreme court
 30
minutes per side, justices can ask tough
questions
Conference
On
Fridays the justices get together to
make their decision on the case
Meetings
A
are held in secret.
majority (5 votes) decide a case.
At
least 6 justices need to be present
to vote on a case.
The Supreme Court
Communicating the Decision (4 options):

Majority Opinion: Official ruling of the court,
explains the ruling and how they came to
that decision

Concurrent Opinion: Written by a justice
who agrees with the majority opinion, but
has slightly different reasons

Dissenting Opinion: Justices who disagree
with the majority can write why they disagree
Reasons for decisions
Law
Precedents
Social
Atmosphere
Justices’ own legal and
personal views
Landmark
Supreme Court Cases:
Let’s take a look at some of the most
important cases reviewed by the
Supreme Court
Precedent Case

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A case that serves as a model for future cases.
Example – Privacy rights
1965 – Griswold v. Connecticut – woman has a right
to privacy when buying birth control
 1973 – Roe. v. Wade – woman has a right to privacy
when getting an abortion
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Precedents are useful for helping SC judges
make opinions
Marbury v. Madison (1803)
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The decision established “judicial review”: the
evaluation of federal laws’ constitutionality as a
power of the Supreme Court
The Supreme Court has the ability to review
laws, cases, decisions, etc. and judge their
constitutionality.
Major Check/Balance
power against the other
two branches
Plessy v. Fergusson (1896):
A Louisiana law required separate seating for white
and African Americans on public railroads
(segregation).
--Homer Plessy said his 14th Amendment rights
(Equal Protection Clause) had been violated.
--The Supreme Court ruled that his rights were
not violated, and segregated public facilities were
permitted until 1954.
- SEPARATE BUT EQUAL
Brown v. Board of Education of Topeka (1954)
10-year-old, Linda Brown, was not allowed to attend
her neighborhood school because she was African
American.
--Linda Brown said her 14th Amendment rights
(Equal Protection Clause) had been violated.
--The Supreme Court ruled that “separate but
equal” segregation was a violation of the Equal
Protection Clause. This decision overturned the precedent
established by Plessy v. Ferguson in 1896.
Mapp v. Ohio (1962):
Dollree Mapp was convicted of having obscene materials in her home.
Mapp appealed the conviction, saying that the police had violated
her rights by entering her house without a warrant.
The Supreme Court overturned the lower court’s decision,
saying that the police had acted improperly, this excluding
the evidence that they had found.
“Exclusionary Rule”: excludes all evidence that is found in
illegal police searches.
Lesson Extension

Complete questions and summary of the
notes that we took today over the Supreme
Court and those landmark cases.

Complete the I Civics sheet titled “The
Supreme in Supreme Court” to clarify
some things about the court and those
cases.
Bell Ringer!!!
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Take out your notebook to complete our
landmark supreme court case
discussion/notes.
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Essential Question: What are some
landmark cases the Supreme Court has
ruled on?
Clarence Gideon
Gideon v. Wainwright (1963):
Clarence Gideon was found guilty of breaking and entering
and sentenced him to 5 years in prison.
Gideon appealed claiming that he did have the right to an
attorney and the Supreme Court agreed
Gideon received a new trial (with a court-appointed
attorney) and was found not guilty.
“The Gideon Rule”: guarantees counsel to all poor
persons facing a felony charge (6th Amendment).
Miranda v. Arizona (1966):
Ernesto Miranda was arrested for kidnapping and sexual
assault – he signed a full confession including a statement that he “had
full knowledge of his legal rights.”
Miranda appealed claiming that he had not received warning
or legal counsel to guide his decision to confess.
The Supreme Court agreed with Miranda, saying that all
suspects must be forewarned that they have the right to
remain silent and the right to an attorney.
“Miranda Rule”: before a suspect is questioned by police,
he/she must be:
The Miranda Rights:
1. Told of their right to remain silent.
2. Warned that whatever they say may be used in court.
3. Informed of their right to an attorney.
4. Informed that an attorney will be provided if they
cannot afford one.
5. Told that they can stop police questioning at any
time.
Roe v. Wade (1973)
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The issue in Roe v. Wade was not abortion; it was
actually about privacy
In Griswold v. Connecticut (1965), the SC found
that a woman’s right to privacy is protected
when she is looking for birth control
In Roe v. Wade, the SC used Griswold as a
precedent to uphold the practice of abortion
However, states may make laws that regulate
abortion
New Jersey v. T.L.O. (1985):
T.L.O. (a New Jersey high school student) was sentenced to
probation by juvenile court after a vice-principal searched
her purse and found cigarettes and marijuana.
T.L.O. appealed the ruling saying the principal’s search was
unreasonable.
The Supreme Court denied the appeal, saying that schools
are allowed more leeway when conducting searches.
The Court created a “reasonable suspicion” rule for schools
conducting searches, instead of the “probable cause” rule
that exists for the rest of society.
Bush v. Gore (2000)
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The 2000 presidential election was one of the
closest in history
Race came down to Florida, which was having
ballot issues – too close to call
Gore was initially declared winner, but then
Bush was announced winner
Recount was requested by Gore, but stopped
by the Supreme Court in a 5-4 decision.
The Issue in Florida (2000)
Bush v. Gore (con’t)

Bush v. Gore was controversial for several
reasons:
Political question – generally, the SC stays out of
political matters
 It decided the outcome of the 2000 election
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Serves as a precedent for future matters
regarding electoral politics
SC Case Review
What were the main arguments/outcomes of
each of the following cases?
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Miranda v. Arizona
Plessy v. Fergusson
Brown v. Board of Education
Gregg v. Georgia
Mapp v. Ohio
TLO v. New Jersey
Marbury v. Madison