SUPREME COURT NOTES—Process
Getting there
Petitioner vs. respondent
Petition for certiorari
Appellate system
Rule of 4
Ripeness
Importance—constitutional
THEN—Writ of Cert.
--Amicus curae? Interest groups invited
Argument
Written Briefs (precedent cases, constitution)
Oral argument—30 minutes each
Conference
Decision
Written opinion—majority, dissenting, concurring
Legally binding
Injunction? Possibility
What to Look for
Landmark case?
Strict or loose constructionist?
Originalism or Living Constitution?
Court Styles
Judicial restraint
Judicial activism
Strict vs. Loose
Breyer’s model
6 factors going into a decision
#1-4=considered by a strict constructionist
#1-6=considered by a loose constructionist
1. Text itself
2. Origins, intentions behind text
3. Use—how has the text been applied over time
4. Precedent (stare decisis) cases
5. Purpose of the law or statute
6. Consequence of the decision on society