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THE Federal Court System…
Jurisdiction
Original
jurisdiction
Appellate
jurisdiction
Concurrent
jurisdiction
Constitutional
courts
District courts
Courts of Appeals
Legislative courts
WHO HEARS THE
CASE?...jurisdiction
• Federal law
• Treaties
• Interpretation of the
Constitution
Supreme Court
Dallas Lower Federal Court
5th Circuit Ct of Appeals
STRUCTURE – Judiciary Act 1789
Constitutional
• Article III
• Fed courts
• Supreme Court
• District courts 80%
• Courts of Appeals
• Ct of App for 5th Cir
• US ct of Int’l Trade
Legislative
• special/narrow
• Territorial cts
• US Tax Court
• US Ct of Appeals for
the Armed Forces
• Cases fr Article I
Judiciary Act of 1789
94 district courts (Ec state has 1)
13 cts of appeal (1891)
94
Your book has it listed at 91…we have added 3 since printing!!!
http://www.uscourts.gov/FederalCourts/Unders
tandingtheFederalCourts/CourtofAppeals.aspx
Only court established by the Constitution!!!!!!!!!!!!!!!!!!
Obama 2
Clinton 2
Bush Sr 1
Bush Jr 2
Reagan 2
HIGHEST COURT IN THE JUDICIAL SYSTEM
ORIGINAL & APPELLATE JURISDICTION
STRONG IMPACT ON SOCIAL, ECON, & POLITICAL
SIZE SET BY CONGRESS IN 1869
NOMINATED BY POTUS / CONFIRMED BY SENATE
3/26/2012
Sotomayor
Obama 2009
(57)
Thomas
Bush Sr 1991
(63)
Breyer
Clinton 1994
(73)
Scalia!!!!***
Reagan 1986
(76)
Alito
Bush 2006
(62)
Chief Roberts
Bush 2005
(57)
Kagan
Obama 2010
(51)
Kennedy
Reagan 1988
(75)
Ginsberg
Clinton 1993
(79)
Politics of Judicial Selection
• Senate MUST confirm by
majority vote “during good
behavior” – for life!
• Senatorial Courtesy
• POTUS fails 20% of time
• CONGRESS sets size
• (9 in 1869 = same today)
52-48
52-48
Backgrounds…5-4 (R)
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Lawyers, white men (6)
>90% same party
“pack the courts”
1st Mon in Oct – July
Rule of Four
POTUS
Johnson
Party
Philosophy
Race
Gender
Religion
Region
Experience
“Litmus test”
Acceptability: ABA, IGs,
& other justices
Marshall (1967)
Ret @ 83 (1991)
Died 1993
O’Connor (1981)
Ret @ 76 (2006)
POTUS
Reagan
• RULE OF FOUR
Few hundred are heard
Most denied
#7C & #7D
• BRIEF ORDERS
Returned to lower court
Recently related case
• WRIT OF CERTIORARI
Sup Ct orders a lower court
to send up the records of a
case for review; interpret
law OR decide a
Constitutional question
• CERTIFICATE
Lower court may ask the Sup
Ct about a rule of law or
procedures in specific cases
Which cases?
1. Briefs & Oral Arguments
2. Research & Conferences
3. Writing Opinions
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BRIEF
AMICUS CURIAE BRIEF
LAW CLERKS
PRIVATE MEETINGS
INFORMAL POLL
WRITTEN DECISION…
1.
2.
3.
4.
OPINIONS
MAJORITY OPINION:
Chief Justice selects
who will write
CONCURRING OPINION
DISSENTING OPINION:
Most senior justice of
majority selects who
writes if Chief is with
the minority opinion.
PRECEDENTS:
standards/guides to be
followed in similar cases
in the future
Courts as Policy Makers
• WARREN COURT (1953-1969) – most liberal court ever
Brown v Board (1954)
Gideon v Wainwright (1963) (attorney)
Miranda v AZ (1966) (rights)
• BURGER COURT (1969-1986) – conservative ideology
Roe v Wade (1973)
US v Nixon (1974) (EXECUTIVE PRIVILEGE)
Regents of CA v Bakke (1978) (quotas, but kept
affirmative action)
Courts as Policy Makers
• REHNQUIST & ROBERTS COURT (1986-present) – also
conservative
Planned Parenthood v Casey (1992)
*In 2007, the Roberts Court upheld the federal Partial-Birth
Abortion Act of 2003 in Gonzales v. Carhart (method NOT
access)
UNDERSTANDING THE COURTS
• Judicial Selection: POTUS/Senate - “during
good behavior” – Senatorial Courtesy
• Supreme Court: What POTUS considers
• Majority/Concurring/Dissenting OPINIONS
• NEW DEAL ERA!!!!!!!!: laws designed to end
the Depression & court said unconstitutional
(too conservative) FDR’s ‘court packing plan’
or ‘the switch in time to save nine’
• Judicial Philosophy: Activism vs Restraint