1. Supreme Court Top of the Judicial Branch in the Federal Government.
Final say in all matters dealing with the United States Constitution.

2. Federal Judges 1. Appointed by president Advisors recommend candidates
Professional background
Political/social views
Collegiate career
Confirmed by Senate
Judiciary cmte holds hearings
Simple majority (51/100)

3. Federal Judges Term of Service
Life terms
a. Death
Resignation/retirement
Impeachment
Balance rights of individual vs common good

4. PRESIDENTIAL APPOINTMENT MATTERS
Conservative presidents = conservative justices
Liberal presidents = liberal justices
Justices serve for years
Justices interpret the Constitution; set precedent
Those precedents affect all Americans

5. United States Supreme Court Judicial Review
1. Define: Power to overturn any Act of Congress or executive action the Court deems unconstitutional
2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”

6. JUDICIAL REVIEW
Est. by Marbury v Madison (1803): First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional
THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS
This made the Jud Branch on equal footing with Leg and Exec branches because the Court has the power to declare acts of the others unconstitutional.

7. Judicial Philosophy
An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy?
JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Policy may be created through decisions.
JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Decisions should not create policy.

11. A Day in the Life of a USSCJ
Calendar
Term: first Monday in October – end of June.
Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions
Selecting Cases
Original jurisdiction cases—must hear these
State government v state government (PA v. WV)
Foreign rep a party in a case
Appellate jurisdiction cases—choose to hear (about 150/year)
1. Must deal with federal or constitutional issue
2. Must impact a majority of citizens

12. SELECTING CASES
c. “Rule of Four”—four of the nine justices must agree to hear the individual case out of the 1000s of cases appealed to them.
Case is on the docket (a court’s schedule)
Briefs are submitted—written summary of each lawyer’s side of the case
Justices study lower court proceedings and briefs
Oral arguments
Each side gets 30 minutes to argue
Justices get to ask questions

13. DECISION MAKING PROCESS
Deliberations: Chief Justice summarizes case and main points; Group discussion, each presents views; Justices vote—simple majority “wins”
Opinions issued: Written statement explaining ruling and reasons for reaching that decision
Majority opinion: “winning” decision, sets precedence
Concurring opinion: agree with majority opinion but for different reasons
Dissenting opinion (aka minority opinion): disagree with majority opinion

14. FACTORS INFLUENCING THE COURT’S DECISION
Constitution—fundamental law of US
Precedent—are there past similar cases
Intent—of the Constitution and law(s) in question
Social values—what is the current view of most Americans (will of the people)
Personal judicial philosophy—to what extent should justices become involved in setting policy

15. Today’s Court……

16. John Roberts Chief Justice Appointed by George W. Bush.
Took his seat on High Court on 9/25/05.
Graduate of Harvard and Harvard Law
Born 1/27/55
Right leaning….

17. Antonin Scalia Associate Justice Appointed by Ronald Reagan.
Took his seat on the High Court on 9/26/86.
Graduate of Georgetown and Harvard Law.
Born 3/11/36.
RIGHT leaning….

18. Anthony Kennedy Associate Justice Appointed by Ronald Reagan.
Took his seat on the High Court on 2/18/88.
Graduated from Stanford and Harvard Law.
Born 7/23/36.
Moderate….

19. Clarence Thomas Associate Justice Appointed by George HW Bush.
Took his seat on the High Court on 10/23/91.
Graduate of Holy Cross and Yale Law
Born 6/23/48.
RIGHT leaning….

20. Ruth Bader Ginsburg Associate Justice Appointed by William Clinton.
Took her seat on the High Court on 8/10/93.
Graduate of Cornell and Columbia Law.
Born 3/15/33.
LEFT leaning….

21. Stephen Breyer Associate Justice. Appointed by William Clinton.
Took his seat on the High Court on 8/3/94
Graduate of Stanford and Harvard Law.
Born 8/15/38.
LEFT leaning….

22. Samuel Alito Associate Justice. Appointed By George W. Bush.
Took his seat on the High Court on 1/31/06.
Graduate of Princeton and Yale Law.
Born 4/1/50.
Right leaning….

23. Sonya Sotomayor Associate Justice. Appointed By Barack Obama
Took her seat on the High Court on 8/8/09.
Graduate of Princeton and Yale Law.
Born 6/25/54.
Left leaning….

24. Elena Kagan Associate Justice. Appointed By Barack Obama
Took her seat on the High Court on 8/7/10.
Graduate of Princeton and Harvard Law.
Born 4/28/60.
Left leaning….