Supreme Court Decision Making
Ch 12
We begin at the Supreme Court
because…

Original jurisdiction

We don’t!

Majority of cases are appellant jurisdiction

Writ of certiorari (sersh-oh-rare-ee) - send up the records for review!

½ cases heard by Supreme Court involved- federal government

Solicitor general represents federal government
Ok we have the writ of certiorari now
what?

Justices and CLERKS consider

Chief Justice “puts on the discussion list” (POWER decides 1st
version of list)

4/9 accept the case


Rule w/o new info per curiam opinion
Accepted!

Submit a brief (lawyers)

Parties of interest brief – amicus curiae

2 weeks of oral arguments

conferencing + recess

Outcome: unanimous, majority opinion, concurring opinion
(different reason), dissenting opinion
Remember…

the legislative branch is most productive TuesdayThursday (why?)

Supreme court- Monday-Wed (oral arguments) wedFriday secret conference (2 weeks)
 Recess-
cases they’ve heard, read summaries of cases to
consider (from who?), write opinions

P. 332 how is the rule of 4 related to the bullets
above?

A: Hesitate to take on issues = harder to get 4 to
agree to hear
Writ of Certirorari

1) legal error in handling the case

2) significant constitutional issue
What happens if it’s denied to be heard?
Solicitor General

Appointed by the President; expectation is to buffer
between President + Supreme Court w/Pres views on legal
questions @ best interest

Decide if the federal government should appeal

Lawyers for solicitor general do research for Supreme Court cases
that involve federal government. Written and oral arguments
support the governments position
Oral Arguments

30 minutes to present/?’ed by Justices (interrupt!) Chief Justice directs discussion

Conference: Chief Justice (who presently?) asks by seniority for views + conclusions
(30 minutes w/present caseload)

@ least 6 Justices present for decision

Tie? Lower court decision stands
Written Opinions

Set precedent for lower courts to follow

It’s a way to communicate w/Congress, President, Public

1/3 tend to be unanimous

Chief justice votes w/majority- assigns someone to write majority opinion

Vote against majority; most senior majority assigns to write opinion
Law clerks write 1st draft; accepted, revised w suggestions from justices, rejected
bargaining process- weeks/months process until announced during a sitting
Flow chart- appeals to the supreme
court

Use the following words and your table buddy to create a
chart showing the route of appeals to the Supreme Court

Announced, discussion list, reject, appeal, writ of
certiorari, decide based on previous materials, full
consideration, lawyers briefs, reject, announced, amicus
curiae, revise, reject, oral argument, bargaining, opinion,
conference, recess
p. 334 Clarence Gideon

Used 6th and 14th amendments to get a lawyer. Find the language in the 6th
amendment that supported this idea.
Exit Slip

List the 3 ways a case could get to
the Supreme Court

List the 4 factors the Supreme Court
uses to decide major cases once
they’ve been selected for full
consideration

Original jurisdiction, writs of
certiorari, appeals

Submitting briefs

Oral arguments

The conference

Writing the opinion
Supreme Court shapes public policy

Judicial review

Interpreting the meaning of laws

Overruling/reversing previous decisions

150 federal unconstitutional

1,270 state local laws unconstitutional

Brown v board + Miranda v Arizona
REMEMBER the Supreme Court does not give advisory opinions only where ppl
harmed/federal question is involved
The Supreme Court is a legal and
political institution

They apply law to disputes which determines national policy

When judicial review is used, it discourages the passage of similar laws for
years
Something to consider…

Ex parte Milligan (1866) found President Lincoln’s suspension of certain civil
rights during the Civil War unconstitutional

Civilian tried in civilian court not military unless unavailable

Ex parte Endo- interned Japanese American released “loyal citizen”

How are they detaining @ GITMO then?
Supreme Court powers limited

Range of topics; civil liberties (1964 Act made federal issue; increase
caseload since), economic issues (govt. business regulations,
environmental protection), federal legislature, due process, suits
against govt. officials

¼ time from supreme court is spent on prisoners challenging convictions

Right to a fair trial

Proper use of evidence – must show HARM! Not just I don’t like…
Lack of enforcement: lower courts don’t strictly enforce (school integration)
lack of ability to monitor
prestige usually followed
2000 Election Bush/Gore p. 342

A per curiam decision! What’s that mean again?

Indeed, some per curiam decisions are accompanied by dissenting opinions.
See, e.g., Bush v. Gore, 531 US 98 (2000).
Influencing court decisions….

Gray area- look for logical connections (Constitution), statutes, legal precedent

Existing laws, personal views, interactions with other justices, social forces +public
attitude, Congress and the President

BUT LAW is the foundation for decisions

Societies values and beliefs change; should justices serve for life?

Checks and balances:

President appoints justices and enforces court decisions

Congress; passes laws that nullifies an earlier court ruling, passes a law to end the courts
authority to hear certain cases (never passed), sets # justices, refuses confirmation of
nomination, cannot reduce salary, but fail to increase

Voting bloc- liberal/conservative perspective; anticipated voter

Swing vote- justices whose views aren’t consistent w/either bloc

The life of a Justice

Washington DC boardinghouse

Washington DC house W/family

“90% time function as 9 independent law firms meeting only for oral arguments +
conferences” communicate in writing
Exit slip

What forces inside and outside
court influence decisions?
Feeling good about the Supreme Court?

You have the opportunity to write a
Supreme Court Justice and share
with us…

What are their likes/dislikes of the
job?

What are their most
difficult/interesting cases

What are their thoughts on lifetime
appointment?

How man clerks do they have?

Earn yourself some extra credit.
Must submit the letter before
sending…probably should type…