Chapter 14 The US Supreme Court

Sec. 1 Selecting Cases Supreme Court – Highest Court in the USA Purpose: Resolve disputes about federal laws + Constitution Desires uniform decisions Judicial Review – examine laws and actions of local + state and National governments and to overturn them. Marbury v. Madison – first time the courts ruled a federal law unconstitutional. To Hear a case – Supreme Court must wait for an appeal from the losing party in the trial. Marbury v. Madison Video

Sec. 1 Selecting Cases Choosing Cases Jurisdiction Conflicts Original Jurisdiction – ability for a court to hear a case first Cases involving representatives of foreign nations Cases in which the state (USA) is a party Two states or a state and the federal government Appellate Jurisdiction- the court has the power to review a lower courts decision. Lower courts and federal courts where the Constitution is questioned and acts of Congress was held unconstitutional. Can only rule on Federal Laws, not state laws. Conflicts Lower courts decided on same issue differently Issues that have national impact – good of the nation Abortion, death penalty etc. Gideon v. Wainwright – man was denied a lawyer 6th Amendment guarantees the right to a lawyer.

Petitions For Certiorari Writ or Certiorari – petition by the losing party in the lower courts Supreme Court is asked to hear their case Must argue that two or more courts ruled on the issue differently. 9,000 cases are sent to Supreme Court annually. Process – 1. Writ (appeal) is reviewed by Law Clerks – attorney who assists Justices. 2. Look for cases that deal with federal law Issues/ruling that lower courts are divided on 3. Prepare summaries / Recommendations 4. Justices meet to review the case 5. 4 of the 9 Justices must agree to hear the case Rule of 4 – unwritten rule 4 of 9 justices agree to hear a case.

Section 2 Deciding Cases

Arguing and Deciding Case Supreme Court Hearings Decisions are quicker compared to most trials Justices read arguments from both parties. – then make decision. Case Brief – brief arguments explaining why the Court should to decide their case and favor their side. Lawyers present similar cases that the Court has already heard. Amicus Curiae – Interest Groups present the Court with reasons why the case is important to their supporters (“Friends of the Court”) Typically experts of the issue present their facts/opinion of the case EX: Juvenile Death Penalty and youth brain development

Oral Argument Enforcing Decisions Deciding the Case 4 hour argument , both sides allowed to present their side of the case Deciding the Case Justices meet to discuss the case Preliminary vote – first decision on the case uphold or reverse lower court’s decision discuss their reasoning Unanimous ruling – all justices agree on a ruling. Majority Opinion – decision becomes the law Dissenting Opinion - an opinion filed by a judge who disagrees with the majority decision of a case. Concurring Opinion – An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. judges issue separate opinions Enforcing Decisions Decisions of the Court become Law Lower courts follow rulings Executive Branch must follow Supreme Court cannot enforce its decision EX: 1960’s – lower courts and southern States refused to enforce Brown V. Board

Influencing the Courts Public Opinion – Consider Public opinion and political pressures Rely on cooperation and support of the public Makes it easier to enforce Values of Society Court’s decisions reflect the times of the Country EX: Plessy v Ferguson – 1896 (separate but equal) EX: Brown v. Board – 1954 (reversed Plessy v Ferguson)

Section 3. Selecting Supreme Court Justices Life Terms – allows for impartiality Justices can be impeached (very rare) Constitutional Requirements 1. Must be nominated by the President 2. Confirmed by the Senate (“Nuclear Decision”, 2017) – only a simple majority Selecting a Nominee Judiciary Committee Work to select a judge for nomination Interest Groups influence the choice Political Select a nominee who will be confirmed by the senate Support President’s political agenda

Selection of Supreme Court Justice Factors in selecting a Judge Personal Integrity Professional Experience Criminal cases, everyday concerns Judicial Temperament – understanding for the judicial system Upholding the law of the land Equal justice under the law Representation Want justices who represent the county Geographic, ethnicity, gender, religion College Law Professors Involved in Appellate Litigation – lawsuits at the appeal level of the court system.

Section 4 Constitutional Interpretation

Interpreting the Constitution Judicial Restraint – courts should generally avoid overturning a decisions made by an elected official. Stare Decisis – “let the decision stand” once a Court decides on a case, let it be the precedent or the model. Originalists- looking at the Constitution as it was originally intended. Living Constitution – Constitution is dynamic document that allows for different interpretation .

Checks and Balances on the Courts Executive Appoint Justices Legislative Senate – approve or reject nominations Impeach or remove Justices Determine the number of Justices and their salaries People Elected officials can change the law that the Courts used to interpret the Constitution. Can create an amendment to reverse the decision of the Courts