Judicial Branch!

One Supreme Court 12 Federal Courts 91 District Courts 1000s of state and local courts

Why is it discussed 3 rd ? – Leg.=Make Laws; Exec. = Enforce Laws Jud. = Interpret Laws (only natural…) 2 kinds of cases… – Criminal case = govt charges you with a crime – Civil cases = dispute b/w 2 parties (one of which might be the govt itself) Includes class action suits – lawsuits where a small number of people sue on behalf of all people in the same circumstance

Participants in the Legal System Plaintiff – person filing the charge Defendant – who the charge is against Interest groups…. File on behalf of an individual – Brown v. Board of Education Brown supported by NAACP File amicus curiae = “friends of the court” briefs – legal brief with add. Info to give to the courts outside of the plantiff or defendant

Constitutionally, the supreme court is mentioned ONCE Court system is broken down (good example of federalism)

District Courts  Organization 91, at least one in each state / territory 2-28 judges per court; 675 in total Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases 15.2

Courts of Appeals  Review district court decisions  12 circuits, serving at least 2 states 15.2

FIGURE 15.2: The federal judicial circuits 15.2

Courts of Appeals  6-28 judges; 179 total  3 judges per case; en banc occasionally (all judges present)  Errors of procedure (original court messed up) and law (misinterpret the law)  Set precedent – all courts and cases in their jurisdiction now follow 15.2

Supreme Court  Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation  Composition 8 associate justices; 1 chief justice  Controls its docket 80 cases/year  Appeals must involve a substantial federal question 15.2

FIGURE 15.3: How cases reach the Supreme Court 15.2

Politics of Judicial Selection Lower Courts – Federal District Courts & the Courts of Appeals – Senatorial Courtesy: Senate does not confirm nominees if they are opposed by a senator of the president’s party from the state in which the nominee is to serve Senate does not confirm nominees opposed by a senator of the president’s party from the state of the nominee’s residence

So what happens…. – Senators send their nominations to the president – White House conducts, DoJ, and FBI conduct background checks and competency checks – Basically – the Pres. Has little say due to senatorial courtesy

For the Appeals Courts – this is a more significant position, so the Pres. Pays more attention – 60% of nominations are usually confirmed Stopped through filibusters and votes. Stark party divides.

Getting to the Supreme Court Supreme Court Judges are appointed for life. When they RETIRE or DIE – the President gets to appoint a new judge. Why is this significant?

Amount of time and Number of Appointees varies since they serve life terms If the chief justice position opens – the President has TWO options. – Elevate an existing judge (rare) – Appoint a new judge

Requirements for Supreme Court Same as others – background checks, etc. Litmus test – hold interviews and meetings about their political lines. More common today – hasn’t always been around. – Some will dodge these questions

Problems with appointing judges…. – Normally appoint along their own party lines – but can be problematic if they don’t have senatorial support (like right now)

Backgrounds of Judges All have been lawyers (though this isn’t required) Typically, white, male, upper-class, Protestants More push today to appoint new types of judges

TODAY…. In government…. We will be watching a video. Yes, you have to pay attention. Your assignment… Write two paragraphs! About how the federal court system and government has influenced abortion. (I’d take notes if I were you…)

How to get a case to the supreme court

Unspoken step… – Law clerks that screen the cases in advance. Know what to look for…. (biased?) – Tend to be major issues – civil liberties, conflict b/w courts – Will avoid some things that are TOO political

Cases also get passed up through the solicitor general…. Presidential appointee and third in the DoJ – 1. decide whether to appeal cases the govt lost in lower courts – 2. review and modify briefs presented in govt appeals – Represent the govt. before the Supreme Court – Submit amicus curiae on a case they aren’t involved in

Briefs are read and researched Oral arguments for each side from the lawyers – typically only about 30 minutes including interruptions In the conference room there is then discussion and a vote, then opinions are written

Opinions Not required. If not done then lower courts do not have any info to guide them. Basically just settles the issue w/o setting any precedents Opinion – statement of legal reasoning behind the decision. Wording influences how lower courts and states will follow precedent

If in the majority – Chief Justice writes it (or assigns it to another) Everyone then must agree on the opinion’s wording (in the majority) Justices also write dissenting opinions

Must have at least 6 present to hear a case. If there is a tie – they follow the original ruling Most cases stand as is (stare decisis)

Can overturn their own decisions Plessy v Ferguson (separate but equal) Brown v Board of Education (eliminated segregation)

Finally – discussions over decisions… Original intent theory - what was meant by those who drafted it Original meaning theory – what would people at the time declare its meaning to be These are traditionally conservative view points

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". Due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.