Randy’s Jacket
• Randy Phillips is a junior at Winslow
High School. He is originally from
Louisiana and moved to Winslow in
the 8th grade. On the first cool day
of October he wore a jacket that
angered some students – a dozen
or so went to the office to complain.
Mr. Hendsbee told Randy that he
had to keep the jacket in his locker
and that he could not wear it on
school grounds again, citing the
school’s dress code. Randy and his
parents decide to sue the school on
the grounds that the school’s
decision violated his 1st
Amendment rights to free
speech/expression. Who is right?
So….
• What is at issue?
• Has the school gone too
far?
• Even if the jacket does
have a racially charged
emblem – is that really a
problem in Winslow?
• How do we interpret things
like this? Who makes the
“rule” that all schools now
need to follow?
• What if this- guy was
fired because of his
tattoos?
THE SUPREME COURT
OF THE UNITED
STATES
Michael Thurston
Winslow High School
Unit Topics
• Case Briefing
• Introduction to the
Court
• The Mighty 14th
• Meet the Justices
• Granting Cert
• SCOTUS Nominations
• Competing
Philosophies
• Moot Court
SCOTUS OVERVIEW
Michael Thurston
Winslow High School
The Supreme Court
• Only court specifically
created in the
Constitution
• Chief Justice of the
United States (17) and
8 Associate Justices
• Judicial review
• Marbury v. Madison
• Federalist 78
• John Marshall
Jurisdiction
• SCOTUS has both
appellate and original
jurisdiction
• Vast majority = appellate
– only 1 or 2 original
cases each term
• Article III, Section 2
defines original
jurisdiction:
• Cases involving a state v. a
state
• Cases involving
ambassadors and other
“public ministers”
How Cases Reach the Court
• 8000-10,000 cases
appealed each term
• 80-100 heard
• “Rule of Four”
• If case is denied, the
lower court’s decision
stands…does NOT
mean SCOTUS agrees
• Writ of Certiorari
• “To be made more
certain”
Oral Argument and Decisions
• Term = October to May
• Two weeks of argument
/ two weeks to consider
• 30 minute rule
• Briefs
• Filed before oral argument
• Merits Briefs
• Amicus Briefs
• Solicitor General
• Donald B. Verrilli, Jr.
• The Conference
Supreme Court Decisions
• Who writes it?
• The Opinion of the Court
• Concurring Opinions
• Dissenting Opinions
• Exceedingly valuable
• Opinion of the Court = precedent
• Dissent = “…an appeal to the brooding spirit of the law, to the
intelligence of a future day.”
• ~Chief Justice Hughes
How Did the 14th Amendment Expand Constitutional
Protections of Rights?
14th Amendment - Overview
• Civil War roots
• Sections 1 & 5 are KEY
• Defining a citizen
• Reaction to Dred Scott
Case
• DUE PROCESS
requirement
• Procedural Due Process
• Substantive Due Process
• EQUAL PROTECTION
requirement
• Equality of condition v.
equality of opportunity
The 14th Amendment & Incorporation
• Incorporation = including
one thing within
something else
• 14th now limits state and
local governments from
restricting rights
• Balance of power in the
federal system?
• The Supreme Court
began incorporating the
Bill of Rights in the
1920’s
Landmark Incorporation Cases
• Gitlow v. New York
(1925)
• Powell v. Alabama
(1932)
• Palko v. Connecticut
(1937)
• Griswold v.
Connecticut (1965)
Meet the Justices
Chief Justice John Roberts
• Age: 58
• Service: 8 years
• Prez: George W Bush
• Leanings:
C
Associate Justice Antonin Scalia
• Age: 77
• Service: 27 years
• Prez: Ronald Reagan
• Leanings:
C
Associate Justice Anthony Kennedy
• Age: 77
• Service: 25 years
• Prez: Ronald Reagan
• Leanings:
C
(mostly)
Associate Justice Clarence Thomas
• Age: 65
• Service: 22 years
• Prez: George H. W.
Bush
• Leanings:
C
Associate Justice Ruth Bader Ginsburg
• Age: 80
• Service: 20 years
• Prez: Bill Clinton
• Leanings:
L
Associate Justice Stephen Breyer
• Age: 75
• Service: 19 years
• Prez: Bill Clinton
• Leanings:
L
Associate Justice Samuel Alito
• Age: 63
• Service: 7 years
• Prez: George W. Bush
• Leanings:
C
Associate Justice Sonia Sotomayor
• Age: 59
• Service: 4 years
• Prez: Barack Obama
• Leanings:
L
Associate Justice Elena Kagan
• Age: 53
• Service: 3 years
• Prez: Barack Obama
• Leanings:
L
Just Remember…
• Really
• Scary
• Kids
• Think
• Girls
• Bring
• Allergies,
• So
• Kiss!
Roberts
Scalia
Kennedy
Thomas
Ginsburg
Breyer
Alito
Sotomayor
Kagen
Nathan Clifford
• Age: 210
• Service: 23 years
• Prez: Buchanan
• Leanings:
C
GRANTING CERT
Michael Thurston
Winslow High School
The Court’s Primary Role
• To resolve conflicts in
lower courts and
interpret the
Constitution and laws
of the United States.
• “To secure the national
rights and uniformity of
judgments”.
• -John Rutledge at the
Constitutional Convention
Original
Jurisdiction
US Circuit Court
of Appeals: 12
circuits and
Federal Circuit
US District Court
– 94 districts
(federal trials)
1 million cases
State Supreme
Courts
Intermediate
appeals court
Trial courts
30 million cases
A Slim Chance
• 8000-10,000
• About 1% granted
• Fewer than ever
• Last year = 78!
• In forma pauperus = ½
of the appeals, 0.1%
granted
The Cert Pool
In the Pool
Not in the pool
• Roberts
• Alito
• Scalia
• 4 clerks X 1 justice = 4
• Kennedy
• Thomas
• Ginsburg
• Breyer
clerks / 9000 petitions =
each clerk reads and writes
a memo on 2250 petitions a
year
• Sotomayor
• Kagen
• 4 clerks X 8 justices = 32 clerks
/ 9000 petitions = each clerk
reads and writes a memo on
280 petitions a year
• So…each case was read
and memoed by two clerks –
one in the pool and one by
Alito’s staff
Advantages & Disadvantages of the Pool
Advantages
Disadvantages
• Saves time
• Reduces independence –
• Someone is more
there used to be 9 memos
for each case
• Clerks have incredible
responsibility and power
thoroughly going over
each case
The Discuss List
• The Chief Justice
generates a discuss list
• Other justices may add
to the list
• All cases generated by
Solicitor General are
automatically discussed
• All capital cases
automatically discussed
• Then the “rule of four”
applies
Cert-Worthy Cases
• Petitions from Solicitor
General
• Petitions with several
amicus briefs
• Circuit conflict (80%)
• Obvious civil liberties
issue
• Sui generis = one of a
kind
• Affects a large number
of people
Reasons to Deny
• A better case is in the
pipeline
• Petition raises too
many questions – the
Court like to deal with
one issue at a time
• Case is frivolous
The Rankings
1)
U.S. Solicitor General
2)
Corporations
3)
States
4)
Organized groups
5)
Individuals…though these tend to be the “landmark”
cases
Stare Decisis
• Latin: to stand by that
which is decided
• Precedent
• Why so important?
• Based on the
assumption that
certainty, predictability
and stability in the law
are the major
objectives of the legal
system.
Will Roe v. Wade be Overturned?
• Read the brief article on Roe
v. Wade
• Read the 3 excerpts by
Roberts, Alito, and Thomas
• In your group discuss how
each justice seems to feel
about the significance of
stare decisis – and what that
means for Roe v. Wade
• Answer the following:
1.
2.
3.
Take a quick poll in your
group regarding abortion
rights.
Come to consensus on how
each justice feels about the
importance of stare decisis.
Answer the question: Will
Roe v. Wade be overturned?
SCOTUS Oral Argument
• Scheduled by the Clerk of the Court
• 30 minute time limit (white & red
•
•
•
•
•
•
•
lights)
Very interactive, and sometimes
heated
Effective oral argument = answering
of questions
Justices have read all the briefs,
and have questions prepared
Justices are really testing the worth
of the written arguments
Many times it becomes a
conversation between the justices
through the advocate
Hypotheticals
Also shows the world that both
sides are being heard.
Today’s Case Study
Competing Judicial Philosophies
Originalism
Living Constitution
Originalism
• Original meaning of the Constitution
• In light of what was meant when the words
•
•
•
•
•
•
were written
Freeze the values in place (1789)
Only the people can make big changes
What if society evolves in a BAD way
The Constitution is a dead document
Strengths:
• Limiting principle
• Judges are not elected – and therefore
not directly accountable to the people
• The words + Federalist Papers should
be enough
Weaknesses:
• Hard to tell Framer’s intent
• Times change
• If you apply originalist views to
landmark cases…
Living Constitution
(Evolutionist)
• Applying your sense of
•
•
•
•
reason to the case
NOT your personal belief
It’s a judges role to fill in the
gaps of original intent
Times change!
Strengths:
• Better protector of minorities
• Adapts the Constitution to
current issues
• Weaknesses:
• Are judges making the law
rather than interpreting it?
• Are they taking decision
making powers away from the
people?
SCOTUS Nominations
ActuallyALL Federal Judges!
• President selects, with help
•
•
•
•
•
•
•
•
of White House counsel
President interviews
Vetting process
President submits name to
senate
Interest groups get involved
Senate Judiciary Committee
hearings
Committee vote
Full senate vote
Age, ethnicity, endorsements,
legal experience,
confirmation prospects
Confirmation Votes
• Chief Justice John Roberts
• Antonin Scalia
• Anthony Kennedy
• Clarence Thomas
• Ruth Bader Ginsburg
• Stephen Breyer
• Samuel Alito
• Sonia Sotomayor
• Elena Kagan
78-22
98-0
97-0
52-48
97-3
87-9
58-42
68-31
63-37
Anderson v. Springfield Unified Schools
• Tinker v. Des Moines
• Students do not lose rights at the schoolhouse gate, as long as the
speech will not cause a “material disruption.”
• Political speech should be protected
• Bethel v. Fraser
• Schools may restrict lewd and obscene speech
• Hazelwood vs Kuhlmeier
• Schools may restrict speech that is contrary to the school’s mission