1. 8.4 The Supreme Court at Work

2. Court Procedures
The Supreme Court meets about 9 months each year, each term begins the first Monday in October and runs as long as the business before the court requires
Special sessions may be called to deal with matters that cannot wait; between terms the justices study new cases and catch up on other Court work
March 13, 2008 Justices Clarence Thomas and Anthony Kennedy testified before the House Appropriations Committee

3. Court Procedures
Justices review a list of possible cases and consider their merits, it will accept a case if 4 out of the nine justices agree to do so, accepted cases go on the Court docket, or calendar
The number of cases handled in a given period is called the caseload, thousands of cases are filed each year but the Court only may decide several hundred cases

4. Court Procedures
In opinions that accompany the cases, the Court sets out general principles that apply to the nation as well as the specific parties in the case
It is mainly through these cases that the Court interprets the law and shapes public policy

5. Selecting Cases
Supreme Court justices decide to hear only certain kinds of cases; they usually decide to hear a case if it involves a significant Constitutional question
In most instances, such questions center around the Bill of Rights and other amendments that deal with issues such as freedom of speech and a fair trial

6. Selecting Cases
They select cases that involve legal disputes as well as those that affect the entire nation rather than individuals or groups
Most appeals reach the Court by a request for a Writ of Certiorari which directs a lower court to send its records on a case to the Supreme Court for review

7. Steps in Decision Making
1. Written Arguments: Once the court takes a case, the lawyers for each side prepare a brief, a written document that explains one side’s position on the case; justices study these briefs

8. Steps in Decision Making
2. Oral Arguments: Lawyers for each side get 30 minutes to summarize their case, the justices ask the lawyers questions about the case

9. Steps in Decision Making
3. Conference: Fridays the justices make decisions; these meetings take place in secret and the chief justice presides over the discussion. A majority of at least 5 votes decides a case, at least 6 justices must be present for a decision

10. Steps in Decision Making
4. Opinion Writing: Once the court has reached a decision one justice will write the majority opinion which presents the views of the majority of the justices on a case
The opinion states the facts of the case, announces the ruling, and explains the courts reasoning in reaching the decision

11. Steps in Decision Making
Written opinions are important because they set a precedent for lower courts to follow and they announce the Court’s view to Congress, the President, to interest groups, and to the public

12. Steps in Decision Making
A justice who votes with the majority but for different reasons may write a concurring opinion

13. Steps in Decision Making
Justices who oppose the majority decision may write a dissenting opinion

14. Steps in Decision Making
A unanimous opinion occurs when all justices vote the same way

15. Steps in Decision Making
5. Announcement: When opinion writing is completed the Court announces its decision, the Supreme Court and other courts around the country use the written opinions to guide their decisions regarding new cases

16. Reasons for Court Decisions
The law is the foundation for deciding cases that come before the Supreme Court
A guiding principle for all judges is called stare decisis a Latin term that means “let the decision stand”, by following precedent courts make laws predictable

17. Reasons for Court Decisions
At the same time, the law needs to be flexible to adapt to changing times; as the highest court in the land, the Supreme Court is in a position to overrule outdated precedents
When social conditions change, the Court may make new interpretations of the law, ex. Racial segregation

18. Reasons for Court Decisions
In the Supreme Court case Plessy v. Ferguson the Supreme Court ruled the equal protection clause of the Fourteenth Amendment permitted “separate but equal” facilities for whites and African Americans

19. Reasons for Court Decisions
In 1954, the Supreme Court case of Brown v. Board of Education the Court overturned the precedent of “separate but equal,” they found segregation was a violation of the equal protection clause of the Fourteenth Amendment

20. Reasons for Court Decisions
Justices have varying views of the law and the role of courts in our society, some believe the Court should be very active and hear different kinds of cases
Others believe the Court should hesitate to use its power of judicial review to promote new ideas or policies

21. Reasons for Court Decisions
Justices also use their personal beliefs in deciding cases; they try to be as objective as possible but they are human beings and see the world based on their life experiences