The Supreme Court The Structure of the Court

The Supreme Court The Constitution mentions only one court – the Supreme Court The Constitution mentions only one court – the Supreme Court The Court is made up of nine justices – one chief justice and eight associate justices The Court is made up of nine justices – one chief justice and eight associate justices

Current Court Justice Thomas, Justice Scalia, Chief Justice Roberts, Justice Kennedy, Justice Ginsberg Justice Sotomayor, Justice Breyer, Justice Alito, Justice Kagan

Court Jurisdiction The Supreme Court has original jurisdiction over: Cases involving foreign diplomats Cases involving foreign diplomats Cases between the federal government and a state Cases between the federal government and a state Cases between two or more states Cases between two or more states Cases between a state and citizen of another state Cases between a state and citizen of another state Cases between a state and a foreign country Cases between a state and a foreign country

Court Jurisdiction In its appellate jurisdiction, the US Supreme Court has some discretion. In its appellate jurisdiction, the US Supreme Court has some discretion. Most cases end at the district level, those that go on usually end at the Court of Appeals. Most cases end at the district level, those that go on usually end at the Court of Appeals. If a litigant loses in the Court of Appeals, they can appeal to the Supreme Court. If a litigant loses in the Court of Appeals, they can appeal to the Supreme Court. Litigants must petition for a writ of certiorari Litigants must petition for a writ of certiorari

The Process Writ of certiorari – comes from the Latin for “to make more certain”. Writ of certiorari – comes from the Latin for “to make more certain”. The writ can be granted if 4 or more of the justices agree that the case should be heard. The writ can be granted if 4 or more of the justices agree that the case should be heard. The “rule of four” guarantees that a substantial number of justices believe the case is worthy of a hearing. The “rule of four” guarantees that a substantial number of justices believe the case is worthy of a hearing.

The Process The United States Court system is an adversarial system. (Petitioners v. Respondents). The United States Court system is an adversarial system. (Petitioners v. Respondents). The costs of appealing a case to the Court an substantial. This cost minimizes the number that reach the Court. The costs of appealing a case to the Court an substantial. This cost minimizes the number that reach the Court. Interest Groups sponsor and finance cases and use the litigation process to advance their goals. Interest Groups sponsor and finance cases and use the litigation process to advance their goals.

There are restrictions that also limit what cases are heard by the Court (standing to sue). Cases that reach the Court must have also exhausted all other means to resolve the question at hand.

Influences on the Process Clerks and the “Cert” Pool. Clerks and the “Cert” Pool. The Solicitor General The Solicitor General Interest Groups and Interested Parties Interest Groups and Interested Parties Amicus Curiae Briefs Amicus Curiae Briefs

The Decision of the Court There are three types of opinion: Majority Concurring Dissenting Other Decisions:  Stare Decisis: Let it Stand Per Curiam: Decision without explanation  Per Curiam: Decision without explanation _0436_ZO.html _0436_ZO.html