Unit 3 Chapter 12 Supreme Court Decision Making Section 1: The Supreme Court at Work Section 2: Shaping Public Policy Section 3: Influencing Court Decisions

Essential Question How does the Supreme Court determine which cases it will hear and the outcome of the each case?

I CAN: Explain how certain cases reach the courts Evaluate the steps the Court takes in determining the outcome of a case

Section 1 The Supreme Court at Work

Facts of Congress: Judicial Branch http://www.youtube.com/watch?v=pyqEAPYnhjk

PBS Supreme Court Videos http://www.pbs.org/wnet/supremecourt/ Watch three videos on this site: Creation of the Courts Showdown You have the right to remain silent

How Cases Reach the Court 1) Writ of Certiorai 2) Appeal An order from the Court to a lower court to send up the records Lower court has either made an error or a constitutional issue is raised Decision of lower federal or state court has been requested to be reviewed

Solicitor General Appointed by the President and represents the federal government before the Supreme Court Determines whether the Federal government should appeal lower courts decisions to Supreme Court

Solicitor General Question Who is the solicitor general of the United States? IanGershengorn

Selecting Cases “Rule of Four”- only four of nine justices need to agree to hear a case Per Curian Opinion- brief, unsigned statement of the Court’s decision Occurs when court rules without consulting new information

Steps in Deciding Major Cases

1) Submitting Briefs Brief- written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case Amicus Curiae- briefs written by individuals, interest groups, or government that have useful information for the court to consider

2) Oral Arguments After briefs lawyers from each side present oral arguments before the court Monday-Wednesday They usually last 30 minutes

Oral Argument Video http://www.youtube.com/watch?v=UJQ7Ds4nAmA&feature=relmfu Chief Justice John Roberts on Oral Arguments

3) The Conference Justices meet Wednesday and Fridays A tradition is they shake hands The conference meetings are secret A majority must be in agreement to decide a case, and at least 6 must be present.

Supreme Court Conference Video http://www.youtube.com/watch?v=SrrNQgbfIww Justice Kennedy on Court Conferences

4) Writing the Opinion Opinion- written statements on cases they have already decided States the facts of the case, announces the Court’s ruling, and explains its reasoning in reacing the decision

4 types of Opinions Unanimous- all justices vote the same way. Majority- expresses the views of the majority of the justices on a case Concurring- Agree with majority’s decision but have a different reason why Dissenting- opinion of justices on the losing side in a case

Opinions Videos http://www.youtube.com/watch?v=u9_wAVxKO1o Opinions and the Obama Healthcare Law

Tools for Shaping Policy (pages 336–339) A. The Court determines policy in three ways: 1. using judicial review; 2. interpreting laws; overruling or reversing its previous decisions. B. Using judicial review, the Court may examine laws and actions at all levels of government and cancel them if they violate the Constitution. C. The Court uses judicial review most often to review state and local cases, but sometimes its review of federal cases can have a tremendous impact on the nation, as in the Brown (1954) and Miranda (1966) cases.

Tools for Shaping Policy (pages 336–339) D. The Court’s interpretation of the very general language of laws allows it to decide how the law applies to specific situations. E. The Court’s rulings become precedents on which to base other, similar decisions; however, since times change, the Court may overturn or reverse its earlier decisions. Some Supreme Court decisions have resulted in great social upheaval.

Limits on the Supreme Court Types of Issues Types of Cases Control of Agenda Lack of Enforcement Power Checks and Balances

Influencing Court Decisions 1. Basing decisions on the Law 2. Personal views of the justices 3. justices’ interactions with one another 4. social forces and public attitudes 5. Congress and the President