The Supreme Court - St. Pius X High School
Chapter 14
THE COURTS
2
Judicial Policymaking
Judges confront conflicting values in cases before them
Some courts, such as the Supreme Court, make fundamental policy decisions
Decisions become precedent for similar cases
Court decisions can, therefore, undo work of elected majorities
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Keep Away from the Doors
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National Judicial Supremacy
Supreme Court only court defined by
Article III, Section 1 of the Constitution
Congress given power to create national court system
Judiciary Act of 1789 created system of federal courts separate from state courts
In early years of Republic, not particularly powerful
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Chief Justice John Marshall
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Judicial Review of the Other Branches
Constitution does not speak to question of
“who should prevail?” in conflict between different branches of government
In Marbury v. Madison (1803), Supreme
Court established power of judicial review
Ruled that act of Congress authorizing
Supreme Court to issue orders against government officials unconstitutional
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Judicial Review of
State Government
In 1796, Supreme Court ruled that a
Virginia law canceling a debt to a
British creditor violated U.S.
Constitution's Supremacy Clause
Virginia law therefore nullified
National supremacy requires
Supreme Court to impose uniformity of national laws
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The Exercise of Judicial Review
The components of judicial review:
Federal courts can declare national, state, and local laws unconstitutional
National laws or treaties supreme when conflict with state or local laws
Supreme Court final authority on meaning of Constitution
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The Exercise of Judicial Review
Is judicial review undemocratic since federal judges appointed?
Federalist No. 78 saw judicial review as barrier to legislative oppression
Constitutional amendments and impeachment means to correct judicial errors
However, this power does mean judges can operate counter to majoritarian rule
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The Organization of Courts
U.S. has complex court system
Individuals fall under jurisdiction of both national and state courts
Litigants file nearly all (99%) of cases in state courts
Volume of state cases increases about 1% a year, mostly contract disputes
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Figure 14.1
The Federal and State Court Systems,
2008-2009
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Some Court Fundamentals
The government prosecutes criminal cases, or violations of penal code
Some crimes common to all states, others specific to individual state or a few states
Maintaining public order largely a state or local function
Federal criminal cases related to activities that fall under powers of national government
Civil cases involve disputed claims to something of value
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Procedures and Policymaking
Most cases never go to trial
Prosecutors may plea bargain
Parties to a civil case may settle or one may abandon efforts
Cases that go to court end in an adjudication
Written reasons supporting a judicial decision called opinions
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Judicial Policymaking
Judges make policy two ways:
Rulings where no legislation exists make common, or judge-made law
Judicial interpretations of legislative acts called statutory construction
With or without legislation, judges look to relevant opinions of higher courts to guide them
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The Federal Court System
Organized in three tiers, as a pyramid
Litigation starts with U.S. District Courts
Appeals then go to the U.S. Courts of
Appeals
Final tier is Supreme Court
Courts of Appeals and Supreme Court generally review only cases already decided in lower courts
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The U.S. District Courts
Each state has at least one federal district court
A total of 94 federal district courts
Entry point for federal court system
U.S. magistrate judges assist district judges but lack independent judicial authority
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Sources of Litigation
Federal criminal cases
Civil cases alleging a violation of national law
Civil cases brought against the U.S. government
Civil cases between citizens of different states if disputed amount exceeds $75,000
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The U.S. Courts of Appeals
Twelve regional U.S. courts of appeals
Thirteenth court, U.S. Court of Appeals for the Federal Circuit, is not a regional court
Each appeals court hears cases from a geographical area, or circuit
All cases resolved in U.S. district court or decisions of federal administrative agencies can be appealed
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Appellate Court Proceedings
Rulings based on rulings made and procedures followed in trial courts
If ruling incorrect or proper procedure not followed, may order new trial
Most cases resolved by panel of three judges
Judges review written briefs
May or may not schedule oral arguments
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Precedents and Making
Decisions
Written judgment of appellate courts serve as precedent for subsequent cases
Judges make policy to extent they influence other courts
Stare decisis provides continuity and predictability to the law
Rulings designed to correct errors in district court proceedings and to interpret the law
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Uniformity of Law
Appellate courts try to harmonize decisions in region when district judges make conflicting rulings
However, courts of appeals not bound by decisions of other circuits
Supreme Court avenue for resolving conflicting decisions by different circuit courts of appeals
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The Supreme Court
Supreme Court strives to achieve a just balance among the values of freedom, order, and equality
Flag burning as a form of political protest
School desegregation
Race as a factor in university admissions
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The Justices of the Supreme
Court of the United States
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A Supreme Court of Its Own
The United Kingdom latest democracy to establish a supreme court
Prior to October, 2009, a committee from the House of Lords exercised judicial functions
New court independent of Parliament
Signals an increasing federalization of the United Kingdom
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UK Supreme Court
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Access to the Court
Idea that anyone can take a case to the
Supreme Court theory, not fact
Court’s cases come from two sources:
Original jurisdiction established by Article III,
Section 2, of the Constitution
Appellate jurisdiction from U. S. courts of appeals or a state’s court of last resort
Cases from state courts must have exhausted appeals in their state system and deal with a federal question
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The Supreme Court’s Docket
Supreme Court hears fewer than 100 cases from the more than 8,000 submitted each year
Requests made by petition for certiorari
Rule of four unwritten requirement
Business cases substantial portion of docket
Justices meet twice a week to vote on previously argued cases and consider new cases
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The Solicitor General
Represents the national government before the Supreme Court
Third-ranking position in Department of
Justice
Duties include determining whether to appeal a lower court’s decision, reviewing briefs for appeals, and deciding whether or not to file amicus curiae briefs in any appellate court
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The Solicitor General
Position has two roles:
Advocate for president’s policy preferences
Defend the institutional interests of the national government
Traditionally recommends only cases of general importance
Some call position “the tenth justice”
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Decision Making
Once review granted, attorneys submit written briefs
Oral arguments held two to three hours a day, five to six days per month from October through April
After arguments heard, justices hold conferences to discuss cases and vote
These meetings limited to the nine justices 31
Journey of a Lifetime
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Judicial Restraint and
Judicial Activism
Concept of judicial restraint means decisions based on legal doctrines, prior decisions, and deference to elected officials
Judicial activists maintain judges should use powers to promote judges’ preferred social and political goals
Terms not limited to a particular ideology
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Figure 14-3
Measuring Judicial Activism
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Judgment and Argument
Voting outcome is called the judgment
Justices in the majority draft opinion setting out reasons for decision
If all agree, decision is unanimous
Justices who agree but for different reasons than listed in the majority opinion may file a concurring opinion
Justices who disagree may file a dissenting opinion
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The Opinion
The chief justice or most senior justice in the majority decides which justice will write majority opinion
Draft opinion circulated among all justices for criticisms and suggestions
Justices may choose to change initial vote during this time
Dissent happening more frequently in recent years
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Strategies on the Court
Cases that reach the Supreme Court require difficult choices
Ideologies reflect values; some justices have tried to encourage appointment of like-minded colleagues
Liberals value freedom over order and equality over freedom
Conservatives choose order over freedom and freedom over equality
Intellectual ability also affects debates
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The Chief Justice
Forms docket
Directs Court’s conferences
May also serve these roles:
Generating solidarity within the group
Intellectual leadership
Policy leadership
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Judicial Recruitment
No formal requirements for appointments to federal courts
President nominates; Senate must confirm
Congress sets compensation:
Chief Justice of the Supreme
Court
Associate Supreme Court justices
Courts of Appeals justices
District judges
$223,50
0
$213,90
0
$184,50
0
$174,00
0
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State Judicial Selection
Governor appoints judges in more than half of the states
Some must then face retention elections
Partisan election
Nonpartisan election
Legislative election
In some states, must be confirmed in legislature
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The Appointment of
Federal Judges
Appointments for life
Presidents look for judges who favor their policies
Office of White House Counsel helps identify candidates
Justice Department assists with screening
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The “Advice and Consent” of the Senate
For district and appeals court, senator from president’s party must approve
Senatorial courtesy
Or state’s House delegation, if no senator from president’s party
Recent presidents have tried to appoint more women and minorities
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Senate Confirmation
Senate Judiciary Committee conducts hearings for each judicial nominee
Confirmations have become ideological battleground
Hearings focus on judicial policy and approach towards interpretations of the law
Filibusters sometimes used to prevent appointments
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The American Bar Association
By custom, ABA screens judicial candidates
Well qualified
Qualified
Not qualified
George W. Bush did not use, believing group too liberal
President Obama restored use
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Recent Presidents and the Federal Judiciary
While recent presidents have appointed more diverse judiciary, ideology rules
Carter’s appointments most liberal
Reagan and George W. Bush-appointed judges most conservative
Ideological appointments easier when president’s party controls Senate
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Appointment to the Supreme Court
Attract extreme public scrutiny
Since 1900, six appointments have failed to be confirmed by Senate
Most important factor: partisan politics
Most nominees have prior judicial experience
“Lame duck” presidents frequently unsuccessful
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Justice Elena Kagan Joining the Supreme Court
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Ideological Shifts
President George W. Bush nominated two Supreme Court justices, John
Roberts and Samuel Alito
As a result, ideology of court more conservative
Justice Kennedy now “swing vote”
President Obama nominated Sonia
Sotomayor and Elena Kagan
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Figure 14-4
A More Representative Court
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The Consequences of
Judicial Decisions
Judicial rulings small percentage of legal dispositions
Most cases end in plea bargain or no court judgment
About 10 percent of civil and criminal cases go to trial
Many cases appealed to delay day of reckoning
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Supreme Court Rulings:
Implementation and Impact
Others must implement Supreme Court decisions
Ambiguous opinions affect implementation
Desegregation and school prayer
Roe v. Wade generated (and continues to generate) heated response from public
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Public Opinion and the Supreme Court
Even though not elected, ideologically balanced Court and public sentiment eventually align in most cases
One exception: school prayer
Poll in 2009 showed six in 10 Americans more likely to approve than disapprove of job Supreme Court doing
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The Courts and
Models of Democracy
Majoritarian model: courts should follow the letter of the law and defer changes to elected representatives
Pluralist model: courts are policymaking branch of government and have legitimate right to consciously advance group interests
Class action suits
State court rulings based on either federal law, state law, or both
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The Right to Die
Supreme Court rulings in Washington v.
Glucksberg and Vacco v. Quill that U.S.
Constitution does not protect a right to assisted suicide
States allowed to make own laws
Silence in Terry Schiavo case let stand lower court’s ruling
Other industrial democracies have decriminalized right to die
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