1. Chapter 14
The US Supreme Court

2. Sec. 1 Selecting Cases Supreme Court – Highest Court in the USA
Purpose: Resolve disputes about federal laws + Constitution
Desires uniform decisions
Judicial Review – examine laws and actions of local + state and National governments and to overturn them.
Marbury v. Madison – first time the courts ruled a federal law unconstitutional.
To Hear a case – Supreme Court must wait for an appeal from the losing party in the trial.
Marbury v. Madison Video

3. Sec. 1 Selecting Cases Choosing Cases Jurisdiction Conflicts
Original Jurisdiction – ability for a court to hear a case first
Cases involving representatives of foreign nations
Cases in which the state (USA) is a party
Two states or a state and the federal government
Appellate Jurisdiction- the court has the power to review a lower courts decision.
Lower courts and federal courts where the Constitution is questioned and acts of Congress was held unconstitutional.
Can only rule on Federal Laws, not state laws.
Conflicts
Lower courts decided on same issue differently
Issues that have national impact – good of the nation
Abortion, death penalty etc.
Gideon v. Wainwright – man was denied a lawyer
6th Amendment guarantees the right to a lawyer.

4. Petitions For Certiorari
Writ or Certiorari – petition by the losing party in the lower courts
Supreme Court is asked to hear their case
Must argue that two or more courts ruled on the issue differently.
9,000 cases are sent to Supreme Court annually.
Process –
1. Writ (appeal) is reviewed by Law Clerks – attorney who assists Justices.
2. Look for cases that deal with federal law
Issues/ruling that lower courts are divided on
3. Prepare summaries / Recommendations
4. Justices meet to review the case
5. 4 of the 9 Justices must agree to hear the case
Rule of 4 – unwritten rule 4 of 9 justices agree to hear a case.

5. Section 2 Deciding Cases

6. Arguing and Deciding Case
Supreme Court Hearings
Decisions are quicker compared to most trials
Justices read arguments from both parties. – then make decision.
Case Brief – brief arguments explaining why the Court should to decide their case and favor their side.
Lawyers present similar cases that the Court has already heard.
Amicus Curiae – Interest Groups present the Court with reasons why the case is important to their supporters (“Friends of the Court”)
Typically experts of the issue present their facts/opinion of the case
EX: Juvenile Death Penalty and youth brain development

7. Oral Argument Enforcing Decisions Deciding the Case
4 hour argument , both sides allowed to present their side of the case
Deciding the Case
Justices meet to discuss the case
Preliminary vote – first decision on the case
uphold or reverse lower court’s decision
discuss their reasoning
Unanimous ruling – all justices agree on a ruling.
Majority Opinion – decision becomes the law
Dissenting Opinion - an opinion filed by a judge who disagrees with the majority decision of a case.
Concurring Opinion – An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
judges issue separate opinions
Enforcing Decisions
Decisions of the Court become Law
Lower courts follow rulings
Executive Branch must follow
Supreme Court cannot enforce its decision
EX: 1960’s – lower courts and southern States refused to enforce Brown V. Board

8. Influencing the Courts
Public Opinion –
Consider Public opinion and political pressures
Rely on cooperation and support of the public
Makes it easier to enforce
Values of Society
Court’s decisions reflect the times of the Country
EX: Plessy v Ferguson – (separate but equal)
EX: Brown v. Board – (reversed Plessy v Ferguson)

9. Section 3. Selecting Supreme Court Justices
Life Terms – allows for impartiality
Justices can be impeached (very rare)
Constitutional Requirements
1. Must be nominated by the President
2. Confirmed by the Senate (“Nuclear Decision”, 2017) – only a simple majority
Selecting a Nominee
Judiciary Committee
Work to select a judge for nomination
Interest Groups influence the choice
Political
Select a nominee who will be confirmed by the senate
Support President’s political agenda

10. Selection of Supreme Court Justice
Factors in selecting a Judge
Personal Integrity
Professional Experience
Criminal cases, everyday concerns
Judicial Temperament – understanding for the judicial system
Upholding the law of the land
Equal justice under the law
Representation
Want justices who represent the county
Geographic, ethnicity, gender, religion
College Law Professors
Involved in Appellate Litigation – lawsuits at the appeal level of the court system.

11. Section 4 Constitutional Interpretation

12. Interpreting the Constitution
Judicial Restraint – courts should generally avoid overturning a decisions made by an elected official.
Stare Decisis – “let the decision stand” once a Court decides on a case, let it be the precedent or the model.
Originalists- looking at the Constitution as it was originally intended.
Living Constitution – Constitution is dynamic document that allows for different interpretation .

13. Checks and Balances on the Courts
Executive
Appoint Justices
Legislative
Senate – approve or reject nominations
Impeach or remove Justices
Determine the number of Justices and their salaries
People
Elected officials can change the law that the Courts used to interpret the Constitution.
Can create an amendment to reverse the decision of the Courts