The Supreme Court Unit 4: Institutions

I. Background A. Only court mentioned in Const (Article III) B. Consists of 8 Associate Justices and 1 Chief Justice C. Highest court in the land- the court of last resort

D. Key powers 1.Power of judicial review (est. by Marbury v. Madison, 1803) 2.Power to interpret broadly worded laws of Congress and the Constitution 3.Power to overrule earlier Supreme Court decisions (i.e. Brown v. Board overturning Plessy v. Ferguson)

II. Jurisdiction A. Original: in cases involving 1.States 2.Ambassadors B. Appellate: in cases from 1.Courts of Appeals 2.State Supreme Courts

NOTE: Cases from appellate jurisdiction are far more numerous than from original jurisdiction

III. How cases reach the Supreme Court A. By Request B. Rule of Four: In order for the Court to decide a case, 4 justices must agree to do so. Denying a decision may mean any number of things : 1.Case lacks a substantial federal issue 2.Party lacks standing 3.Court agrees w/ lower court 4.Case is a “political hot potato” that the Court does not want to touch- i.e. Gay Marriage #loveislove

C. Writ of certiorari (“to be made certain”). D. Acceptance of cases

Visual for How Cases Move Up

IV. The Supreme Court at work

A. Term begins on first Monday in October and continues until the end of June B. Hears cases from Monday- Thursday Quorum of 6. C. Briefs D. Justices also read amicus curiae (“friend of the courts”) briefs

E. Justices hear 30 min oral arguments from each side F. At the Friday conference, Justices discuss the cases G. Simple majority needed for decision. In case of ties, previous court decision stands

H. Written opinions: 1.Types: a)Unanimous: b)Majority: c)Dissenting: d)Concurring: 2.Assigning of opinions 3.The politics of opinion-writing a)Assigning the opinion and the slant b)Other majority opinion c)Vote Switching d)Threat of a dissenting opinion

4. Purposes of opinions a)Communication b)Precedents c)“In the absence of any action by Congress…”

V. Possibility of evading Court decisions

A. Amending the Const. The Court cannot strike down something as unconstitutional if it is not in the Constitution! B. “Remanding” C. The executive branch may simply not carry out the decision (i.e. Jackson’s famous line: John Marshall has made his decision. Now let him carry it out”)

D. State and local governments may simply not carry out either (i.e. desegregation, school prayer) E. “The Constitution may be what the Supreme Court says it is, but a Supreme Court opinion is what a trial judge or a policeman or a policeman, or a school board or a city council says it is”

Visual for this process…

VI. Voting blocks on the current Supreme Court A. Liberals 1.Elena Kagan (Obama, ) 2.Sonia Sotomayor (Obama, ) 3.Ruth Bader Ginsburg (Clinton, ) 4.Stephen Breyer (Clinton, )

B. Conservatives 1.John Roberts (Bush 43, ) [current Chief Justice] 2.Antonin Scalia (Reagan, ) 3.Clarence Thomas (Bush 41, ) 4.Samuel Alito (Bush 43, )

C. Swing/Moderate conservative 1.Anthony Kennedy (Reagan, )

Lecture DQs 1. Identify judicial review and discuss 2 ways the Supreme Court can exert this power 2. Discuss the process of how a case reaches the Supreme Court 3. Explain the politics of opinion writing  Bonus: Is the Supreme Court “insulated” (protected) from public opinion? Explain