1. Supreme Court
Oyez! Oyez! Oyez!

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

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

5. Important Terms…
Writ of Certiorari-when a higher court demands to review the ruling of a lower court
Stare Decisis= Precedent
Remember:
Majority Opinion- 5 or more justices agree with same reasoning
Concurring Opinion- agree w/ majority but for different legal reasons
Dissenting Opinion- disagree with majority opinion
The losing litigant in the court below asks permission and the Supreme Court exercises its discretion to grant review.

6. How does the Court hear a case?
“Rule of Four” = only need 4 justices to authorize writ of cert
Annual docket = 8,000 cases
Fewer than 100 heard or reviewed
$300 filing fee
Quorum = 6
Four justices must agree to hear the case. -- Minority sets the agenda

7. 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

8. 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….”

9. 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…”

10. 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?

11. 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

12. Stage 2
Senate Judiciary Committee Hearings
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

13. Stage 3 Full Senate Vote Floor debate on nominee
Confirmation vote by full Senate

14. Stage 4 Oath of Office independent judiciary
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
Stage 4
Oath of Office
independent
judiciary

15. Current Justices on the Supreme Court
Most recent Justice: Neil Gorsuch, conservative justice appointed by President Trump