The Supreme Court I.
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The Supreme Court consists of the Chief Justice of the United States (today, the Chief Justice is John Roberts) and eight associate justices. It is the highest court in the land, which means it is the final authority in all questions of federal law. The power of judicial review, established in the case of Marbury v. Madison in 1803, means that the Supreme Court has the power to decide the constitutionality of laws or executive actions. More than 8,000 cases are appealed to the Supreme Court each term. Of these, the court accepts only a few hundred for decision, and of these, most are dealt with by brief orders, usually returning a case to a lower court for reconsideration. The Court decides in full (that is, with oral arguments and full opinions) fewer than 100 cases each year. The Court selects those cases that it does hear according to the “rule of four:” at least four of the nine justices must agree that a case should be heard. When the Court accepts a case, they issue a writ of certiorari. Once a case has been selected to be heard by the Supreme Court, it goes through five stages: Briefs Lawyers from each side file written briefs. As well, groups that may be greatly affected by the case but are not party to it may file amicus curiae briefs (“friend of the court”). Oral argument Lawyers from each side get thirty minutes to present their case and answer questions from the justices. Conference The justices meet to discuss the case, beginning with the Chief Justice and then in order of seniority. Preparing Opinions A justice from the majority prepares a written opinion, which is then circulated among the others to be signed. If the decision is not unanimous, one or more of the justices from the minority will prepare a dissenting opinion. Announcing Decisions Decisions are announced by releasing the opinions of the Court to the press. The Supreme Court does not hold press conferences to explain its rulings or to answer questions about them. IV.
The publication of a Term’s written opinions, including concurring opinions, dissenting opinions, and orders, approaches 5,000 pages. Some opinions are revised a dozen or more times before they are announced. SCOTUS
Influences on Judicial Decision Making Given the impact that Supreme Court decisions can have on the lives of American citizens, it is worth examining what factors can influence how the justices vote when they decide a case. The justices rely on their law clerks for help, so that they can consider all of the relevant precedents that have been established in related cases. A basic principle of our legal system is a respect for past judicial decisions, known as the principle of stare decisis (“to stand by the decision”). When examining constitutional questions, the justices try to determine the intentions of the Framers who originally wrote the Constitution. However, some justices are considered “originalists” (meaning they read the Constitution very literally), while other justices are more willing to interpret the Constitution more broadly in light of modern circumstances. A Changing Court As different justices are appointed to the Supreme Court, and as the Chief Justice changes, the philosophy and “personality” of the Court changes as well. During the 1950s and 1960s, the Chief Justice was Earl Warren. The “Warren Court” was known for protecting the rights of people accused of crimes. The Warren Court was responsible for the Gideon ruling as well as the Miranda ruling. The decisions of the Warren Court are examples of judicial activism, through which approach judges are more willing to influence policy by overturning laws fairly often. Earl Warren was replaced as Chief Justice by Warren Burger, who served from 1969 to 1986. The “Burger Court” was characterized by judicial restraint, an effort by judges to avoid overturning laws, which leaves policymaking up to the other two branches of government. Warren Burger was replaced as Chief Justice by William Rehnquist, who continued to practice judicial activism. The current Chief Justice, John Roberts, seems determined to continue in this more conservative direction. The Court and the Other Branches of Government Judicial review gives the Supreme Court an important check on the other two branches of government. However, those branches also have some checks on the powers of the judiciary: 1) The President’s Power: Presidents have the power to appoint new justices whenever there is a vacancy on the bench. Through this appointment power, presidents can influence the political direction of the court (by appointing justices who reflect their own political views). 2) The Power of Congress: The Senate can check the power of the President and the Supreme Court by refusing to confirm presidential nominees to the Court. Congress can also check the power of the Court through the legislative or amendment process. 3) The Influence of Citizens: If citizens don’t approve of a decision of the Supreme Court, they can encourage Congress to write new laws or to amend the Constitution. They can also elect presidents who will appoint justices whose ideas they like.