AP GO PO
Mrs. Markussen
How the Supreme Court Works
Directions:
Watch the assigned C-SPAN clips that are linked below to learn from each of the justices about
how a case is chosen, debated and ruled upon in the Supreme Court. For each step ID specific
information obtained from the justices and describe who is involved and each step works. Your
responses should be in full sentences and specifically demonstrate an understanding of the
process.
https://www.c-span.org/video/?c4727931/supreme-court-decides-cases-hear
https://www.c-span.org/video/?c4738736/justice-breyer-briefs-oral-arguments
https://www.c-span.org/video/?c4486037/user-clip-chief-justice-roberts-oral-argument
https://www.c-span.org/video/?c4680313/process-making-supreme-court-decisions
https://www.c-span.org/video/?c4738741/justice-stephen-breyer-writing-supreme-court-opinion
Step in the Process
Granting Certiorari
ID specific information acquired from the
Justice’s discussion & summarize the step and
who is involved.
Of all the cases that make it to the federal level an estimated 10%
make it to the Supreme Court. The court itself only actually hears
less than 1% of those cases. The justices of the Supreme Court
decide which cases will be heard by the Supreme Court. The
Supreme Court hears cases that involve a lower court decision being
counter to a federal law or if a law is unconstitutional.
Lower court justices write briefs when there is a split opinion in the
lower courts. Then the justices write a brief on whether they are
supporting the respondent or petitioner. Next there will be an oral
debate between the two sides following the justices talking to their
perspective law clerks.
Reviewing Briefs
AP GO PO
Mrs. Markussen
How the Supreme Court Works
Oral arguments are scheduled by the clerk, most cases given half an
hour per side. The justices question the lawyers and reveal their
opinions on a case following the arguments given by each side. The
justice also examine all details of the arguments.
Oral Arguments
After a case is heard the justices go to conference and talk amongst
each other to share opions and come to a decision. The justices
often vote on the opinions/sides of debates among them in order to
come to a final decision. The majority supreme justice assigns the
majority and the dissent assign the dissent.
Deciding Cases
Following the conference, the chief justice has the opinions be
written so a draft on the opinions can be made for other justices to
decide to dissent or add a change to the opinion. Following this each
justice joins the dissent or majority, which is later recorded
AP GO PO
Mrs. Markussen
How the Supreme Court Works
Writing Opinions