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CHAPTER 12
The Supreme Court and American Judiciary
The National Court System
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
There are three criteria that distinguish the Supreme
Court and other courts from the rest of the national
government:
The judiciary operates only in the context of cases.
 Cases develop in a strictly prescribed fashion.
 Judges rely heavily on reason in justifying what they do.
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Cases: Raw Material for the Judiciary
A case refers to a dispute handled by a court.
 Criminal cases involve a crime or public wrong against
society.
 Civil cases are actions involving a private wrong or dispute.
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The National Court System
(continued)
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
Fifty-one Judicial Systems
 The
national court system consists of state courts and
federal courts, each of which hears different kinds of
cases.
 Jurisdiction refers to the authority a court has to
entertain a certain case. This is dependent on who is
involved and the subject matter the case entails.
 State and federal courts are both bound by the
Constitution, and each may have cases appealed to the
U.S. Supreme Court.
The United States Court System
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Almost all cases the Supreme Court decides each year are the part of its appellate
jurisdiction. These cases begin in the state and federal courts.
State and Local Courts
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These courts handle the great bulk of legal business.
State judicial systems are usually divided into four tiers.
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Courts of limited jurisdiction hear minor cases in villages, towns,
and cities; a judge alone usually decides minor cases.
Courts of general jurisdiction, usually located in each county, hear
appeals and serious criminal offenses and civil suits.
Intermediate appellate courts accept appeals from courts of
general jurisdiction.
Courts of last resort (usually state supreme courts) hear final
appeals.
Most state judges are elected. In some instances, the Missouri
Plan allows the governor to appoint judges from a list of
nominees.
Judges may be subject to periodic retention votes.
Typical Organization of State Courts
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Each state has its own system of state
courts. No system is exactly like another,
but all are organized in a hierarchy
similar to that pictured here. All states
have courts of limited jurisdiction, courts
of general jurisdiction, and a court of
last resort. In Texas and Oklahoma,
there are two separate courts of last
resort—one for criminal appeals and
one for all other types of cases. Most,
but not all, states have at least one
intermediate appellate court. In the 12
states that have no intermediate court,
cases move on to appeal from courts of
general jurisdiction to the court of last
resort.
United States District Courts, and
Courts of Appeal
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
United States District Courts
The Judiciary Act of 1789 organized a national court
system.
 Almost all federal cases begin in the 94 United States
district courts.
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United States Courts of Appeals
There are 13 United States courts of appeals,12 of which
have a regional jurisdiction or circuit.
 Appeals judges sit in panels of three and hear cases on
appeal from district courts or the tax court and review
rulings from federal agencies.
 The Court of Appeals for the Federal Circuit hears appeals
in patent cases as well as all appeals from the Claims court,
Court of International Trade, and Court of Veterans
Appeals.
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Geographic Boundaries of U.S. Courts of
Appeals and U.S. District Courts
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The map
shows how the
94 U.S. district
courts and 13
U.S. courts of
appeals exist
within the
court systems
of the 50
states and the
District of
Columbia
Special Courts
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Tribunals created by Congress to hear specific kinds of
cases include the following:
 Court of Federal Claims
 Court of International Trade
 Tax Court
 Court of Veterans Appeals
 Court of Military Appeals
Except for the Court of International Trade, all are
legislative courts created by Congress to assist with
implementation of statutes.
Judges in constitutional courts are appointed by the
president and serve during good behavior, while Congress
specifies the appointment and terms of judges in legislative
courts.
The Supreme Court of the United
States
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The Supreme Court has appellate jurisdiction: the
authority to review decisions made by federal courts, as
well as decisions of the highest state courts that raise
federal questions.
Almost all cases reach the Supreme Court on a writ of
certiorari, and at least four justices must agree to
accept a case (rule of four).
The Supreme Court has original jurisdiction in four kinds
of disputes:
Cases between one of the states and the U.S. government
 Cases between two or more states
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The Supreme Court of the United
States (continued)
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 Cases
involving foreign ambassadors, ministers, or
consuls
 Cases begun by a state against a citizen of another
state or country. (The Eleventh Amendment requires
suits against a state by a citizen of another state or
country to go the state court)
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Today only cases between states qualify exclusively
as original cases for the Supreme Court.
The chief justice of the United States, whose vote is
equal to that of any other associate justice, heads
the Court.
Federal Judicial Selection
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All federal judges are appointed by the
president and confirmed by the Senate.
 Federal judges have no constitutional
qualifications.
 Senatorial courtesy allows home-state senators
to strongly influence the fate of presidential
nominees.
 The American Bar Association rates the
qualification of nominees.
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Federal Judicial Selection (continued)
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A president’s selection of a Supreme Court justice
is based upon the following:
 Professional
qualifications
 Senate acceptability
 Ideological fit
 Personal friendship
 Other background factors
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Supreme Court justices have not been generally
representative of American society.
Senate confirmation is not automatic, and several
recent nominees have been rejected.
What Courts Do
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Constitutional Interpretation
Judicial review allows a court to set aside laws made by
elected officials if judges believe the law violates the
Constitution.
 Political groups that have failed to settle their differences in
the executive or legislative branches often resort to arguing
opposing interpretations of the Constitution in court.
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Statutory Interpretation
Often courts are required to interpret laws that may be
vague.
 Judges may need to discover legislative intent when
unanticipated ambiguities arise.
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What Courts Do (continued)
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
Fact Determination
 Judges
attempt to discern the truth from competing
testimony and evidence.
 Fact determination is most visible in a trial court.
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Clarification of the Boundaries of Political
Authority
 Courts
attempt to resolve conflicts between the
branches of government over the exercise of power.
 In 1952, the Supreme Court declared President Truman
had exceeded his powers by seizing the steel mills as
part of the war effort.
What Courts Do (continued)
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
Education and Value Application
 Judges
apply values and teach by making decisions.
 Through opinion leaders like journalists and scholars,
court decisions help shape public attitudes.
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Legitimation
 In
most cases, courts provide legitimacy to the law by
upholding challenged laws or policies.
 The Supreme Court’s decision to uphold the civil rights
laws of the 1960s virtually ended the controversy.
The Supreme Court at Work
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
Petition for Review
 Lawyers
file briefs with the Court’s clerk, requesting
that the Court consider the issues raised in the case.
 Cases are decided in several different ways:
 With
full opinion
 Summarily
 Without opinion
 They are denied review.
The Supreme Court at Work
(continued)
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 Chances
for review are enhanced if one or more or
more of the following factors exist:
 The
United States is a party to the case and requests
Supreme Court review.
 Different courts of appeals have decided differently on
the issue.
 The case involves an issue the justices are eager to
resolve.
 A lower court has made a decision at odds with the
established Supreme Court interpretations.
 The Court’s workload permits acceptance of another case.
 The case represents a critical national issue.
Caseload in the U.S. Supreme Court,
1950-2008
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Figure 12.4 shows the number of cases appealed to the Supreme Court in each of seven years and the number of cases
decided with full opinion. The justices decide other cases summarily each term. The number of summary decisions each term
sometimes equals the number of cases decided with full opinion. The volume of cases has grown almost eightfold since
1950, while the number of cases decided has varied only modestly. Indeed, since 1988 when 171 decisions were issued,
the Court has been deciding fewer cases, a trend aided by the virtual elimination of the Court’s obligatory appellate
jurisdiction in 1988. Almost all of each year’s cases come from the lower federal courts and the state supreme courts. Only
a handful, at most, of original cases appears each term. A minimum of four justices must agree to hear a case.
The Supreme Court at Work
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
Briefs on the Merits
A
second round of briefs focus on persuading the
justices as to what decision they should make.
 Amici curiae briefs are submitted by “friends of the
court” with an interest in the case.
 The solicitor general of the United States represents
the government before the Supreme Court. The
brief provided by the Solicitor General is routinely
read with extra care.
The Supreme Court at Work
(continued)
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
Oral Argument
 Each
side is given 30 minutes for oral argument, during
which time the justices can ask questions as desired.
 Appearance before the Court is an intimidating
experience.
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Conference and Decision
 After
the oral arguments, the justices meet to discuss the
case.
 If opinions are unclear, a non-binding vote is taken.
 Conferences are closed to all but the justices, and leaks
are rare.
The Supreme Court at Work
(continued)
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
Assignment and Writing of Opinions
An opinion of the Court is an explanation and justification of
the decision agreed to by at least a bare majority of the
justices.
 Justices in the minority write dissenting opinions.
 Concurring opinions are written by majority justices whose
reasons differ or who have other thoughts to add.
 All opinions are published in the United States Reports.
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The Law Clerks
Law clerks (recent law school graduates) assist the justices.
 Clerks do a variety of jobs and work long hours.
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The Supreme Court and American
Government: An Assessment
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
Judicial Review and Democracy
 Critics
argue that judicial review is antidemocratic
because judges invalidate decisions made by elected
representatives.
 Others reply that judicial review checks government
power and protects minority rights.
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Influences on Supreme Court Decision Making
A
justice’s political ideas can have a strong influence.
 A justice’s perception of his/her role can have a strong
influence.
The Supreme Court and American
Government: An Assessment (continued)
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Some justices are result-oriented and view their task as writing
political ideas into their decisions.
Some justices are process-oriented, concerned with the Court’s
place in the democratic process and hesitant to interfere with
majority rule.
Judicial activists are eager to apply judicial review, while judicial
restraints are not.
Influences on Supreme Court Decision Making (cont.):
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Precedents (prior decisions in similar cases) affect justices’
decisions.
The Court’s own decision-making process (briefs and oral
arguments) shape its decisions.
Collegial interaction and conferences affect decisions.
Public opinion may influence the actions of the justices.
The Supreme Court and American
Government: An Assessment (continued)
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
Checks on Judicial Power
 Constitutional
amendments may reverse a Court’s
decision.
 Statutory amendment allows Congress to correct the
Court’s interpretation of a statute.
 Impeachment may be used to remove judges and
justices.
 Congress may withdraw jurisdiction from the Court or
change its size.
 The president may appoint and the Senate may
confirm new justices.
 The Court depends on others for compliance.