U.S. Supreme Court
U.S. Supreme Court
• The only court specifically stated in the
Constitution
– Led by a chief justice
• The highest court in the nation
• Justices are appointed by the President and
approved by1/2vote of the Senate
• Appointments are for life “in good behavior”
– Can be impeached, die, or resign
U.S. Supreme Court
• Why do you think the writers of the
Constitution decided to have the justices
appointed by the President and approved by
the Senate instead of elected by the people?
• Why do you think the writers of the
Constitution gave justices “lifelong”
appointments? (consider the President-4 yrs;
Senators-6 yrs; Representatives-2 yrs)
U.S. Supreme Court
• Currently 9 justices are on the court
– Chief Justice JOHN ROBERTS
– Associate Justices:, ANTONIN SCALIA, ANTHONY M. KENNEDY,
CLARENCE THOMAS, RUTH BADER GINSBURG, STEPHEN G. BREYER,
SAMUEL A. ALITO JR., SONIA SOTOMAYOR, ELENA KAGEN
• Has both appellate and original jurisdiction
U.S. Supreme Court
• Judicial Review: the power to decide the
constitutionality of an act of government
– Makes the Supreme Court the final authority on
the meaning of the Constitution
• Marbury v. Madison (1803): established the
power of judicial review and the first time the
court used it
Marbury v. Madison, 1803
• Marbury v. Madison,
1803
– The Federalists lost the
Election of 1800
– Congress created several
federal judgeships
– John Adams filled the
new positions
Marbury v. Madison, 1803
• William Marbury’s
appointment was
approved by the Senate
on 3-3-1801
• Jefferson took office on
3-4-1801
• Noticed appointments
were not delivered
• Ordered Madison not to
deliver appointments
Marbury v. Madison, 1803
• Marbury went to the
Supreme Court
• Based his suit on a
provision in the
Judiciary Act of 1789
which said he could
take his case directly to
the Supreme Court
• The Decision:
– A unanimous decision
declared that the
Judiciary Act of 1789 was
unconstitutional
– Marbury lost since his
suit was based on an
unconstitutional law
U.S. Supreme Court
• The Court receives 800010,000 petitions each term;
agree to hear about 100
cases
• The term begins on the first
Monday in October; break
in June/July
• When a case is appealed to
the Court it can:
– Allow the lower court ruling
to stand
– Send the case back to the
lower court to reconsider it
– Agree to hear the case
U.S. Supreme Court
• Rule of 4: court needs 4/9
justices to agree to put a
case on the court’s docket
• May not grant cert if
– A similar case has already
been decided
– Not ready to deal with the
issue
– Not a relevant constitutional
issue
• Writ of Certiorari: an order
by the Court directing a
lower court to send up the
record in a given case for its
review
How the Court Operates
• Once a case is accepted
the Court sets a date
the arguments will be
heard
• 2 week cycles
• 10am on M,T, W and
sometimes TH
• Lawyers get 30 minutes
to argue their case
– White light flashes when
5 minutes remain
– Red light means time is
out
How the Court Operates
• Briefs: written documents filed with the
Court before oral arguments begin
– Detailed statements supporting one side of the
case
– Summarizes facts and case law
– Many are hundreds of pages
• Amicus curiae: friend of the court briefs filed
by people who have a vested interest but are
not part of the case
Court in Conference
• Wed and Fri justices meet in conference
– Confidential meetings where they consider the cases
in which they have heard oral arguments
– Chief Justice presides over conference
– After each justice is “polled” they debate the case
• Opinions: if Chief Justice is in the majority, he
assigns the writing of the opinion; when Chief
Justice is in the minority assignment is done by
the senior associate justice on the other side
Opinions
• Majority opinion: standing opinion
– Stand as precedents
• Concurring opinion: agree with majority but
for different reasons
• Dissenting opinion: disagree with majority