The Supreme Court Today…

RECENT SUPREME COURT NEWS Supreme Court & Chicago Gun Ban Obama’s Nominee to the Supreme Court Supreme Court in the News Chicago Hand Gun Ban Overturned Snyder v. Phelps: US Supreme Court & Free Speech

THE U.S. SUPREME COURT Why the Court is significant: Sets the most important precedents All courts must follow U.S. Supreme Court decisions Supreme Court has changed many laws Upheld all-male draft registration Ended segregation Allowed drug testing of high school athletes Declared forced prayer in schools unconstitutional

How the Court Functions 9 Justices hear each case A Majority Rules Does not consider all appeals brought to it ◦O◦Of 8,000 cases brought, they consider 80 ◦M◦More than ½ come from inmates (4, 000) PPetitions for certiorari = request of a lower court to send up its records 999% of these requests are denied Can set its own Agenda: ◦U◦Usually takes cases where lower courts disagree ◦T◦Takes cases it believes deal with critical national policy

Job Description Court’s Term = 1 st Monday of October thru the end of June 75% of cases heard come from Federal Courts/25% from State Courts In about ½ of the cases, the opinion of lower court is reversed. Authority to interpret the meaning of the Constitution and federal laws

Procedure Party who appeals to the SC = usually the losing party in a federal circuit court of appeals or state supreme court Process = ◦1◦1. request in writing that court hear case = legal brief EEmphasizes why case should be heard rather than how it should be decided ◦2◦2. Party that won the case in lower court = submits a brief that explains why case should not be heard ◦3◦3. If 4/9 judges agree to hear the case, a petition for certiorari is granted ***one exception to majority rule on the Court

Trials at the Supreme Court Step 1: Parties write briefs arguing to court how case should be decided Step 2: Oral argument is scheduled at the Court ◦E◦Each side is given 30 minutes to present to the Justices Step 3: Justices ask questions of the lawyers Step 4: Justices meet in private to discuss the case and process of opinion drafting begins More than1/2 of all decisions are unanimous (i.e. 9-0)…media emphasizes disagreement

Appointment 9 Justices are nominated by President Confirmed by the Senate Appointment is for life

The Federal Judicial Circuits

The Role of Society Court can reverse earlier Supreme Court Decisions ◦Society’s prevailing views may change ◦Newly appointed Justices disagree with earlier perspectives and decisions ◦Example: Many cases from the ’60’s and ’70’s were reversed in the 80’s and 90’s  Court became more conservative

Critics and Proponents of the Appointment Process Claim judges should not be nominated for personal or political viewpoints Other criteria such as… ◦Experience & expertise as a lawyer or judge ◦Intelligence & integrity ◦Good moral character

Proponents of the Appointment System The President should be able to appoint whomever he or she wishes including people with similar viewpoints. ◦Is this fair? ◦Is this constitutional? ◦Is this how other jobs work?

Landmark Cases that Affect You! Bong Hits for Jesus: The Issue of Student Free Speech (Morse vs. Frederick) Bong Hits for Jesus: The Issue of Student Free Speech Texas vs. Johnson: Burning the Flag as an act of protest… Roe vs. Wade: The Right to Choose or Right to Life Justice Souter remarked that 'Bong Hits 4 JESUS' "sounds like just a kid's provocative statement to me". [17] Starr responded by saying "the key is to allow the school official to interpret the message as long as that interpretation is reasonable".