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How the Supreme Court cites precedents The Court has issued about 26,000 opinions The Court has issued about 26,000 opinions.

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Presentation on theme: "How the Supreme Court cites precedents The Court has issued about 26,000 opinions The Court has issued about 26,000 opinions."— Presentation transcript:

1 How the Supreme Court cites precedents The Court has issued about 26,000 opinions The Court has issued about 26,000 opinions

2 How the Supreme Court cites precedents The Court has issued about 26,000 opinions The Court has issued about 26,000 opinions More cases relate to the 1 st Amendment than anything else More cases relate to the 1 st Amendment than anything else

3 How the Supreme Court cites precedents The Court has issued about 30,000 opinions The Court has issued about 30,000 opinions More cases relate to the 1 st Amendment than anything else More cases relate to the 1 st Amendment than anything else By 1950, the average case cited 15 other opinions By 1950, the average case cited 15 other opinions

4 How the Supreme Court cites precedents The Court has issued about 30,000 opinions The Court has issued about 30,000 opinions More cases relate to the 1 st Amendment than anything else More cases relate to the 1 st Amendment than anything else By 1950, the average case cited 15 other opinions By 1950, the average case cited 15 other opinions The Warren Court ( ) reversed that trend. The Warren Court ( ) reversed that trend.

5 How the Supreme Court cites precedents The Court has issued about 30,000 opinions The Court has issued about 30,000 opinions More cases relate to the 1 st Amendment than anything else More cases relate to the 1 st Amendment than anything else By 1950, the average case cited 15 other opinions By 1950, the average case cited 15 other opinions The Warren Court ( ) reversed that trend. The Warren Court ( ) reversed that trend. Today, the average is 5 citations. Today, the average is 5 citations.

6 How the Supreme Court cites precedents In the Tinker v. Des Moines decision, they wrote: In the Tinker v. Des Moines decision, they wrote: “In West Virginia v. Barnette, [319 U.S. 624 (1943)], this Court held that under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said: “In West Virginia v. Barnette, [319 U.S. 624 (1943)], this Court held that under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said: “The 14 th Amendment, as now applied to the States, protects the citizen against the State…”

7 How the Supreme Court cites precedents In the Tinker v. Des Moines decision, they wrote: In the Tinker v. Des Moines decision, they wrote: “In West Virginia v. Barnette, [319 U.S. 624 (1943)], this Court held that under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said: “In West Virginia v. Barnette, [319 U.S. 624 (1943)], this Court held that under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said: “The 14 th Amendment, as now applied to the States, protects the citizen against the State…”

8 How you should use precedents: Name the case being used (including the date) Name the case being used (including the date) Explain what happened, what the case was about Explain what happened, what the case was about Provide a specific quote from the case Provide a specific quote from the case Explain how it is relevant to the current controversy Explain how it is relevant to the current controversy Put your cases in chronological order Put your cases in chronological order


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