The Federal Judiciary
A Dual Judicial System
In the U.S., we have a dual judicial system
consisting of a national court system, but
also separate court systems in the 50 states.
 As a general guide, federal courts are
granted exclusive jurisdiction over certain
federal statutory claims and constitutional
matters.
 The cases can be criminal or civil in nature.
 State courts, in turn, handle nearly every
type of case, subject to certain jurisdictional
limits.

The Federal Courts Today
The federal courts
today are divided into 3
levels.
 Although there are
certain exceptions,
cases progress through
federal court system
from the lowest
(District Court) to the
highest (Supreme
Court) level.

The System
Appointed by president, confirmed by
Senate
 No requirements for office
 “Hold their offices during good behavior”
 Federalist 78

The Supreme Court
Article III
 Judiciary Act of 1789
 Original v. Appellate jurisdiction
 Judicial review
 Precedent
 Writ of certiorari

– 8,000 apply—fewer than 100 granted
– Rule of Four
The Supreme Court

Most cases:
– Raise constitutional issues
– Affect lives
– Address inconsistent decisions
– Conflict with precedent
No advisory opinions
 How cases are argued and decided

Decisions
Majority
 Plurality
 Concurring
 Dissenting

Other Federal Courts
“Upper-Court Myth”
 U.S. District Courts

– 94 District Courts
– Chief trial courts
– > 90% of cases end here

U.S. Courts of Appeals
– No juries
– 13 total
– Panel of three judges v. en banc
Special Courts
The Court of International Trade
addresses cases involving international
trade and customs issues.
 The United States Court of Federal Claims
has jurisdiction over most claims for
money damages against the U.S., disputes
over federal contracts, unlawful “takings”
of private property by the federal
government, and a variety of other claims
against the U.S.

Federal Court Myth
95% of cases are decided in state courts
 How we select state judges: appointment
v. election v. Missouri Plan

Composition of the Supreme Court


Since 1869, the United
States Supreme Court has
consisted of 8 associate
justices and one Chief
Justice.
Among the duties of the
Chief Justice are:
1. to preside over the
Court;
2. assign the writing of
opinions if in the
majority;
3. administer the oath of
office to the president
and vice president on
Inauguration Day.
Appointment Process

Senatorial Courtesy in
the District and
Appellate Courts
President George W. Bush with
confirmed Appeals Court
nominee Priscilla Owen &
Senate Majority Leader Bill Frist
(R-TN), May 25, 2005
Nomination Criteria for Supreme Court






Competence and ethical
standards.
Ideology or policy preferences
[e.g., Bork for Reagan].
Rewards to allies (i.e.,
patronage).
Pursuit of political support.
Religion, race, gender, & ethnicity
[e.g., Miers for G.W. Bush,
Ginsburg for Clinton, Thomas for
G.H.W. Bush, Marshall for LBJ,
O’Connor for Reagan, Scalia for
Reagan];
Confirmability (uncontroversial)
[Roberts for G.W. Bush].
The Supreme Court
Confirmation Process





Investigation commences.
The F.B.I. conducts an extensive background check of all
formal nominees.
The American Bar Association rates the candidate
(though the Bush administration no longer considers the
ABA’s ratings).
The Senate Judiciary Committee requires nominees to
complete a questionnaire detailing past experience.
Lobbying commences by various interest groups.
Senate Judiciary Committee Hearings
The Senate Judiciary
Committee holds
hearings & votes.
 If the nominee gets
throughout the Judiciary
Committee, the full
Senate votes.
 Can be a very political
process—especially
recently [e.g. Robert
Bork for Reagan;
Clarence Thomas for
G.H.W. Bush].

U.S. Senate Vote
After a nominee gets
through the vote of
the Senate Judiciary
Committee, the
appointment goes to
the full Senate.
 A majority must vote
for that individual in
order to be
confirmed.

Sandra Day O'Connor after her unanimous
confirmation by the U.S. Senate, September 21, 1981
Judicial Performance
More than 90% of nominees come from
president’s party
 ¾ perform as expected
 White males dominate

– Supreme Court has improved recently
Making Decisions
Constrained to facts
 Civil v. Criminal v. Procedural Law
 What things constrain decisions of federal
judiciary?

– Constitution
– Statutory law
– Precedent

Influences
– Amicus curiae briefs
The Role of the Judiciary
Judicial restraint v. judicial activism
 Originalism v. Living constitution

For Tuesday

Learn about Sotomayor and Kagan
– How did their appointments go? Why were
they selected?

Are we too harsh on nominees?
– What should matter? What shouldn’t?

Think about the philosophical
distinctions…what should we expect and
hope for in nominees?