Supreme Court Oyez! Oyez! Oyez!

Basic Information… 9 Justices Nominated by President Approved by Senate Hold position for life or until retire

Judicial Review… Marbury v. Madison Reviews Constitutionality of: State and federal legislation Actions of chief executives Decisions of other courts

Important Terms… Writ of Certiorari-when a higher court demands to review the ruling of a lower court Stare Decisis= Precedent Remember: Majority Opinion- 5 or more justices agree with same reasoning Concurring Opinion- agree w/ majority but for different legal reasons Dissenting Opinion- disagree with majority opinion The losing litigant in the court below asks permission and the Supreme Court exercises its discretion to grant review.

How does the Court hear a case? “Rule of Four” = only need 4 justices to authorize writ of cert Annual docket = 8,000 cases Fewer than 100 heard or reviewed $300 filing fee Quorum = 6 Four justices must agree to hear the case. -- Minority sets the agenda

Factors That Influence Supreme Court Nominations Party affiliation (80% or higher) Judicial Philosophy “Litmus Test” - where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee

The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall have Power, by and with the Advice and Consent of the Senate …to… nominate Judges of the Supreme Court….”

The U.S. Constitution and the Supreme Court Article III describes the judicial power of the Supreme Court: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

U.S. Supreme Court Confirmation Process Stage 1: Presidential Nomination FBI Investigation WHITE HOUSE REVIEW Certification Stage 2: Senate Judiciary Committee Hearing INTEREST GROUP Influence MEDIA Influence Stage 3: Full Senate Vote Stage 4: Oath of Office?

U.S. Supreme Court Confirmation Process White House staff reviews candidates and submits a short list to the president FBI background investigation Candidates submit financial disclosure forms ABA grades candidates Interest groups weigh in on candidates President selects nominee Stage 1 Presidential Nomination

Stage 2 Senate Judiciary Committee Hearings Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) Interest groups may conduct campaigns for or against nominee (including TV ads) Intense media attention to Senate hearings Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

Stage 3 Full Senate Vote Floor debate on nominee Confirmation vote by full Senate

Stage 4 Oath of Office independent judiciary If confirmed by the Senate, nominee sworn in, usually by Chief Justice Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated Stage 4 Oath of Office independent judiciary

Current Justices on the Supreme Court Most recent Justice: Neil Gorsuch, conservative justice appointed by President Trump