Ch. 18 The Federal Court System Section : The Supreme Court

18.3 Supreme Court Judicial Review Supreme Courts’ way of checking the other branches---making sure each branch is working in regards to the power the Constitution gives it. The Supreme Court is the final stop on the meaning of the Constitution.

How did the Sup. Ct get the power of Judicial Review? Marbury vs. Madison Jurisdiction of the Supreme Court 1. Original---those to which a state is a party and those affecting ambassadors, public ministers, and consuls. 2. Appellate---most of the cases, which come from the lower courts.

How do cases reach the Supreme Court? There are 8,000 cases that are appealed to the Supreme Court each year. Of these the court only hears around 150 each year. If they deny to hear a case it is because the justices believe in the lower courts decision or that the case has no significant point of law.

How do they choose the cases they hear? By the rule of 4---at least of 4 of the 9 justices must agree that a case should be put on the Court’s docket (list of cases) When the Supreme Court accepts a case it receives written documents called briefs and hears oral arguments More than half of the 150 cases decided are sent back down to the lower courts to reconsider due to new related cases decided by the Sup. Ct.

If a case reaches the Supreme Court it is by the writ of certiorari (to be made more certain) or certificate. The writ is an order by the Court directing the lower court to send up the case for review. The certificate is due to lower courts not being clear on the procedure or rule of law on a case.

Operation of the Supreme Court They are in session from the first Monday in October until mid June. About a third of the Court’s decisions are unanimous, leaving two-thirds to be divided. Keep in mind, these are the most difficult cases, otherwise the lower courts would have handled them.

Opinions of the Supreme Court The court’s opinion is called the Majority Opinion---it announces the court’s decision and sets out the reasoning on which it is based. If a justice agrees with the majority and writes his opinion it is called a concurring opinion. These opinions are important and stand as precedents----examples to be followed in similar cases as they arise in the lower courts.

Dissenting Opinions ---written by justices who do not agree with the court’s majority decision. Keep in mind the minority or dissenting opinion today could become the majority opinion of tomorrow.

Who are the Supreme Court Justices?

John G. RobertsJohn G. Roberts - Chief Justice of the United States Appointed by: President George W. Bush Appointed in: 2005 Age When Appointed: 50 Chief Justice of the United States John G. RobertsChief Justice of the United States Antonin Scalia Antonin Scalia Appointed by: President Reagan Appointed in: 1986 Age When Appointed: 50 Antonin Scalia Anthony Kennedy Anthony Kennedy Appointed by: President Reagan Appointed in: 1988 Age When Appointed: 52 Anthony Kennedy Clarence Thomas Clarence Thomas Appointed by: President George H. W. Bush Appointed in: 1991 Age When Appointed: 43 Clarence Thomas Samuel A. Alito, Jr. Samuel A. Alito, Jr. Appointed by: President George W. Bush Appointed in: 2006 Age When Appointed: 55 Samuel A. Alito, Jr.

Ruth Bader Ginsburg Ruth Bader Ginsburg Appointed by: President Clinton Appointed in: 1993 Age When Appointed: 60 Ruth Bader Ginsburg Stephen Breyer Stephen Breyer Appointed by: President Clinton Appointed in: 1994 Age When Appointed: 56 Stephen Breyer Sonia Sotomayor Sonia Sotomayor Appointed by: President Obama Appointed in: 2009 Age When Appointed: 55 Sonia Sotomayor Kagan, Elena Kagan, Elena Appointed by: President Obama Appointed in: 2010 Age When Appointed: 50 Kagan, Elena

Current Pay of Federal Judges YearDistrict JudgesCircuit Judges Associate Justices Chief Justice $199,100$211,200$244,400$255, $174,000$184,500$213,900$223, $174,000$184,500$213,900$223, $174,000$184,500$213,900$223, $174,000$184,500$213,900$223, $174,000$184,500$213,900$223, $169,300$179,500$208,100$217, $165,200$175,100$203,000$212, $165,200$175,100$203,000$212, $162,100$171,800$199,200$208, $158,100$167,600$194,300$203, $154,700$164,000$190,100$198, $150,000$159,100$184,400$192,600