1. Supreme Court
Oyez! Oyez! Oyez!

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

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

4. Important Terms… Writ of Certiorari Stare Decisis/ Precedent Remember:
Majority Opinion
Concurring Opinion
Dissenting Opinion
The losing litigant in the court below asks permission and the Supreme Court exercises its discretion to grant review.

5. I will take this case all the way to the Supreme Court …
“Rule of Four”
Annual docket = 8,000 cases
Fewer than 100 heard or reviewed
$300 filing fee
In forma pauperis
Quorum = 6
Four justices must agree to hear the case. -- Minority sets the agenda

6. Basic Biographical Information
Review the bios of the nine Supreme Court Justices
Try and determine if the Justice is conservative or liberal

7. Chief Justice John Roberts
Harvard grad
Law clerk for Rehnquist
Associate Counsel to Reagan
U.S.Court of Appeals for D.C.
Nominated Chief Justice by Pres. Bush 2005

8. Samuel Alito Yale Law U.S. Attorney New Jersey
U.S. Court of Appeals for the Third Circuit
Nominated Associate Justice by Pres. Bush 2006
Steinert Grad

9. Stephen Breyer Harvard Law
Assistant Special Prosecutor of the Watergate Special Prosecution Force
U.S. Court of Appeals First Circuit
Nominated Associate Justice by Pres. Clinton 1994

10. Ruth Bader Ginsberg Harvard and Cornell Law School
Professor at Rutgers, Columbia
Launched the Women’s Rights Project of the ACLU
ACLU General Counsel and Board of Directors
Nominated Associate Justice by Pres. Clinton in 1993

11. Clarence Thomas Yale Law Asst. Attorney General of Missouri
Asst. Sec. for Civil Rights, U.S. Dept. of Ed.
Chairman Equal Employment Opportunity Commission
Nominated Associate Justice by 1st Pres. Bush 1991

12. Sonia Maria Sotomayor
Sotomayor was born on June 25, 1954, in The Bronx, New York.
Nominated by Obama.
On August 6, 2009, Sotomayor replaced retiring Justice David Souter, Sotomayor is the first Hispanic and third female justice to serve on the Supreme Court.
Princeton U and Yale Law

13. Sonia Sotomayor
Supreme Court

14. David Souter (replaced by Sotomayor)
Rhodes Scholar
Harvard Law
Attorney General of New Hampshire
U.S. Court of Appeals First Circuit
Nominated Associate Justice by 1st Pres. Bush in 1990.

15. Anthony Kennedy Harvard Law U.S. Court of Appeals Ninth Circuit
Nominated Associate Justice by Pres. Reagan 1988

16. Antonin Scalia Harvard Law Law Professor UVA, Georgetown, Stanford
U.S. Court of Appeals for D.C.
Nominated Associate Justice by Pres. Reagan in 1986

17. Elena Kagan born in New York City on April 28, 1960.
Nominated by Obama.
On August 5, 2010, replaced retiring Justice John Paul Stevens,
the fourth woman to serve on the Supreme Court.
Princeton-Oxford-Harvard Law

18. Elena Kagan Supreme Court Justice Supreme Court Justice Elena Kagan
Alex Wong/Getty Images
Sponsored Links
Elena Kagan
Supreme Court Justice

19. John Paul Stevens (replaced by Kagan)
Northwestern Law
U.S. Navy
U.S. Court of Appeals Seventh Circuit
Nominated Associate Justice by Pres. Ford 1975

20. 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

21. 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….”

22. 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…”

23. 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?

24. 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

25. U.S. Supreme Court Confirmation Process
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 2
Senate Judiciary Committee Hearings

26. U.S. Supreme Court Confirmation Process
Stage 3
Full Senate Vote
Floor debate on nominee
Confirmation vote by full Senate

27. U.S. Supreme Court Confirmation Process
Stage 4
Oath of Office
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
independent
judiciary

28. Review the following Decisions
Use the voting patterns of the Justices to determine what you believe will be their vote for the following cases…
Wallace v. Kato
Philip Morris USA v. Williams
Cunningham v. California

29. Sources: http://www.abanet.org/publiced/preview/scprimer.pdf