Supreme Court Decision Making
The Supreme Court at Work
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During two-week sessions, justices hear oral
arguments on cases and then meet in secret
to make decisions.
The justices consider arguments in cases they
have heard and petitions from plaintiffs, and
then write opinions for the cases they have
decided.
Justices’ written opinions interpret the law
and help shape public policy.
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More than 8,900 cases were appealed to the
Supreme Court in 2000.
◦ The court reviews only about 1% of these cases.
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The Court gave full hearings and signed
opinions in only 83 cases in 2000.
It is mainly through these few cases that the
Court interprets the law and shapes public
policy.
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Writ of Certiorari
◦ = an order from the Court to a lower court to send
up the records on a case for review
◦ The party seeking review petitions the Court for
certiorari and must argue either that the lower court
made a legal mistake in handling the case or that
the case raises a significant constitutional issue.
◦ Denial of certiorari does not mean the judges agree
with the original ruling, but the case may not be
important enough to consider.
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On Appeal
◦ The majority of referred Court cases concern
appeals from lower Courts.
◦ Most appeals concern cases in which a lower state
or federal court has ruled laws unconstitutional.
◦ Cases the Court chooses not to hear are dismissed,
and the ruling of the lower court becomes final.
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The Solicitor General
◦ The Solicitor General is appointed by the president
and represents the federal government before the
Supreme Court.
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Selecting Cases
◦ The Chief Justice puts worthy certiorari cases on a
list for discussion.
◦ If 4 of the 9 justices agree, the case is accepted.
◦ 2/3 of all certiorari cases never make the list.
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The Supreme Court follows a set procedure
when hearing important cases:
◦ Submitting Briefs
◦ Oral Arguments
◦ The Conference
◦ Writing the Opinion
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Each side submits a brief detailing legal
arguments, facts, and precedents.
◦ Brief: written statement setting for the legal
arguments, relevant facts, and precedents
supporting one side of the case
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Parties not directly involved but with an
interest in the case my submit amicus curiae
briefs.
◦ Amicus Curiae: “friend of the court;” information
coming from individuals, interest groups, or
government agencies claiming to have information
useful to the court’s consideration of the case
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Lawyers for each side make oral arguments
during which justices may ask questions.
Each side is allowed 30 minutes to
summarize the key points of its case.
A white light on the lectern indicates that a
lawyer has five minutes- the red light means
the lawyer must stop talking immediately.
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On Wednesdays and Fridays the Chief Justice
presides over a secret conference in which
each single case is summarized and
recommendations for handling it are made.
The justices spend about 30 minutes
debating each case.
Each justice has one vote and a majority vote
is needed to decide a case.
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The justices may issue four kinds of opinions:
a unanimous opinion, a majority opinion, a
concurring opinion, or a dissenting opinion.
◦ Unanimous Opinion: all justices vote the same way
◦ Majority Opinion: expresses the views of the
majority of the justices on a case
◦ Concurring Opinion: written by justices who agree
with the majority’s conclusions about a case but for
different reasons
◦ Dissenting Opinion: opinion of justices on the
losing side in a case
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If the chief justice votes with the majority, he
or she assigns a justice in the majority to
write the Court’s opinion.
If the chief justice does not vote in the
majority, the most senior justice with the
majority assigns a justice to write the
opinion.
Shaping Public Policy
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The Court is both a legal and political
institution.
It is a legal institution because it is ultimately
responsible for settling disputes and
interpreting laws.
It is a political institution because when it
applies laws to specific disputes, it often
determines what national policy will be.
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The Court determines policy in three ways:
◦ Using judicial review
◦ Interpreting laws
◦ Overruling or reversing its previous decisions.
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The Court has become an agent of change.
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Using judicial review, the Court may examine
laws and actions at all levels of government
and cancel them if they violate the
Constitution.
The Court uses judicial review most often at
the state and local levels, but decisions may
have as much significance as those at the
federal level, as in the Brown (1954) and
Miranda (1966) cases.
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The Court’s interpretation of the very general
language of laws allows it to decide how the
law applies to specific situations.
The Supreme Court decides what Congress
means within legislation that is signed into
law.
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The Court’s rulings become precedents on
which to base other, similar decisions;
however, since times change, the Court may
overturn or reverse its earlier decisions.
New justices can bring different legal views to
the Court and, over time, shift its position on
some issues.
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Despite its importance, the Court does not
have unlimited power.
Restrictions on the court include:
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Limits on types of issues
Limits on types of cases
Limited control over agenda
Lack of enforcement power
Checks and balances
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Generally, the Court’s decisions have dealt
largely with civil liberties, economic issues,
federal laws and regulations, due process,
and suits against government officials.
The Court plays only a minor role in the area
of foreign policy.
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Civil liberties cases make up the largest
number of Court cases.
Appeals from prisoners comprise about onefourth of its cases.
Most cases concern constitutional issues,
such as the right to a fair trial and the proper
use of evidence.
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By its rules and customs, the Court hears only
cases where its decision will make a
difference, not merely those which decide a
point of law.
The Court does not issue advisory opinions.
◦ Advisory Opinion: a ruling on a law or action that
has not been challenged
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Plaintiffs must have suffered real harm.
◦ It is not enough for people to simply object to a
ruling.
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Cases must involve a federal question.
◦ The legal issues in dispute must affect many people
or the operation of the political system itself.
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The Court avoids political issues.
◦ The Court believes some issues should be worked
out in Congress or the executive.
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Since the Court can decide only those cases
that come to it from elsewhere in the legal
system, events beyond the Court’s control
shape its agenda.
The Court may signal its interest in a subject
by taking on a specific case.
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The Court’s power to shape public policy also
is limited by its own limited ability to enforce
its decisions.
Noncompliance by other courts also is
difficult to monitor.
◦ Lower court judges may simply ignore a Supreme
Court decision.
◦ It is nearly impossible to monitor millions of trial
court rulings.
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The legislative and executive branches are
able to influence or check the Supreme
Court’s power.
The president must appoint justices and the
Senate must approve those appointments.
Congress can impeach and remove justices.
Influencing Court Decisions
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Five forces shape the decisions the Court
makes:
◦ Existing laws
◦ Personal views of the justices
◦ Justices interactions with one another
◦ Social forces and public attitudes
◦ Congress and the President
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Justices must base their opinions on the law,
not on personal opinions.
Laws and the Constitution are not always
clear in their meaning.
The Court must interpret laws and relate their
interpretations to the Constitution itself,
relevant statutes, and legal precedents.
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Justices monitor important issues; some
become identified with them.
As justices retire, the majority voting blocs on
certain issues may change.
◦ Bloc: coalitions of justices
◦ One bloc is has consistently tended toward liberal
positions on civil rights and economic issues while
another has been more conservative.
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Modern justices meet for discussion, but
most communicate in writing.
Harmony or Conflict
◦ Personal relations among justices may influence the
Court’s decisions.
◦ Justices try to avoid open conflict, even when they
disagree with each other.
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Influence of the Chief Justice
◦ The chief justice’s skillful leadership can help
promote harmony.
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Concern for Public Support
◦ Although insulated from public opinion and
political pressures, the Court needs public
support.
◦ Its authority depends in part on public
acceptance.
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Influence of Social Forces
◦ Justices are influenced by the values and beliefs
of society.
◦ Their decisions usually reflect important societal
changes.
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The President’s Influence
◦ The power of presidents to fill vacancies on the
Court gives them influence over the Court.
◦ Every full-term president except Carter has
appointed a justice.
◦ As head of the executive branch, the president is
responsible for enforcing the Court’s decisions
but may do so vigorously or with little
enthusiasm.
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The Influence of Congress
◦ Congress has the power to limit the Court’s ability
to hear certain cases.
◦ Congress can propose a constitutional amendment
to overturn a decision.
◦ May set, but not reduce, the justices’ salaries.
◦ Congress uses its confirmation power to shape the
Court’s position on social issues.