1. Supreme Court American Government

2. The Court  The Supreme Court is the ultimate court of the land  There are 9 judges that make up the Supreme Court  These Justices then hold their positions for life  Justices hold their positions for as long as they do so that they can avoid being entangled in political games, therefore allowing them to focus on the Constitutionality of laws  The Supreme Court is the ultimate court of the land  There are 9 judges that make up the Supreme Court  These Justices then hold their positions for life  Justices hold their positions for as long as they do so that they can avoid being entangled in political games, therefore allowing them to focus on the Constitutionality of laws

3. Appointment of Justices  Justices are appointed to the Supreme Court by the president  These appointments require Senate approval. (Judiciary Committee)  The president receives help from the Attorney General and other Justice Department officials when determining who to select to the court  The A.G. usually consults with the legal community and proposes a list of possible candidates for the president to consider  Justices are appointed to the Supreme Court by the president  These appointments require Senate approval. (Judiciary Committee)  The president receives help from the Attorney General and other Justice Department officials when determining who to select to the court  The A.G. usually consults with the legal community and proposes a list of possible candidates for the president to consider

4. Accepting cases  Approximately 8,000 cases are submitted annually for the Supreme Court to review  99% of these cases are rejected by the court  If four justices agree to hear the case, the case can then be scheduled for oral arguments  A writ of certiorai is then issued to the lower courts  The solicitor general can have an impact on what the cases the Supreme Court hears  The solicitor general is in charge of deciding:  Whether to appeal cases the government has lost  Review and modifies the briefs presented in government appeals  Represents the government before the Supreme Court  Submits amicus curiae briefs on behalf of a litigant in a case the government has an interest in  Approximately 8,000 cases are submitted annually for the Supreme Court to review  99% of these cases are rejected by the court  If four justices agree to hear the case, the case can then be scheduled for oral arguments  A writ of certiorai is then issued to the lower courts  The solicitor general can have an impact on what the cases the Supreme Court hears  The solicitor general is in charge of deciding:  Whether to appeal cases the government has lost  Review and modifies the briefs presented in government appeals  Represents the government before the Supreme Court  Submits amicus curiae briefs on behalf of a litigant in a case the government has an interest in

5. Case Procedures  First, the court will accept the cases that it is going to hear  The lawyers will then submit briefs which are relevant facts, and precedents supporting their side of the case.  Amicus Curiae (friend of the court) will also be submitted by those who have an interest in the case  Amicus Curiae are subtle ways of interest groups lobbying the court  The court then hears oral arguments  Lawyers from each side are given 30 minutes to summarize their key points  Justices will interrupt the oral arguments to ask questions and challenge certain points being made by counsel  First, the court will accept the cases that it is going to hear  The lawyers will then submit briefs which are relevant facts, and precedents supporting their side of the case.  Amicus Curiae (friend of the court) will also be submitted by those who have an interest in the case  Amicus Curiae are subtle ways of interest groups lobbying the court  The court then hears oral arguments  Lawyers from each side are given 30 minutes to summarize their key points  Justices will interrupt the oral arguments to ask questions and challenge certain points being made by counsel

6. Case Procedures  On Fridays the Justices meet in conference to discuss the cases  Justices meet for 6-8 hours in private meetings and debate the cases  No minutes are kept.  The Chief Justice will summarize the case and offer recommendations for handling the case  Each case only gets about 30 minutes of discussion After debate, each Justice will vote on the case and they vote in the order of seniority A majority must be held in order to pass judgment on a case  The Justices then write their opinion on the case  The opinion states the facts of the case, announces the court’s ruling and explains its reasoning in reaching the decision  On Fridays the Justices meet in conference to discuss the cases  Justices meet for 6-8 hours in private meetings and debate the cases  No minutes are kept.  The Chief Justice will summarize the case and offer recommendations for handling the case  Each case only gets about 30 minutes of discussion After debate, each Justice will vote on the case and they vote in the order of seniority A majority must be held in order to pass judgment on a case  The Justices then write their opinion on the case  The opinion states the facts of the case, announces the court’s ruling and explains its reasoning in reaching the decision

7. Types of Opinions  There are four types of opinions:  Unanimous opinion:  A unanimous opinion is where all Justices vote the same way  Majority opinion:  This is an expression of the views of the majority of the Supreme Court Justices  Concurring opinion:  This is where Justices agree with the decision of the court, but for different reasons  Dissenting opinion:  This is the opinion of the Justices on the losing side  There are four types of opinions:  Unanimous opinion:  A unanimous opinion is where all Justices vote the same way  Majority opinion:  This is an expression of the views of the majority of the Supreme Court Justices  Concurring opinion:  This is where Justices agree with the decision of the court, but for different reasons  Dissenting opinion:  This is the opinion of the Justices on the losing side

8. Checks and Balances  Just like the other 2 branches of the Federal Government, the Judiciary branch also has checks and balances. Checks include:  The presidents ability to appoint Supreme Court Justices  Congress’s power to approve appointments and to impeach and remove Justices  These approvals are done through the Senate Judiciary committee  Congress’s ability to set pay rates for Justices  Congress’s ability to amend the Constitution  Congress’s ability to change the number of Justices on the bench  Just like the other 2 branches of the Federal Government, the Judiciary branch also has checks and balances. Checks include:  The presidents ability to appoint Supreme Court Justices  Congress’s power to approve appointments and to impeach and remove Justices  These approvals are done through the Senate Judiciary committee  Congress’s ability to set pay rates for Justices  Congress’s ability to amend the Constitution  Congress’s ability to change the number of Justices on the bench

9. Limits  Cases have to meet certain criteria.  They will only consider cases where the decision will make a major impact.  The Supreme Court will not hear a case to merely decide a point of law. It will not give advisory opinions, rulings on a law or action that has not been challenged.  The person or group bringing the case must have suffered real harm, such as denial of civil liberties or economic loss. Plaintiffs must show that the law or action being challenged has harmed them.  The Supreme Court only accepts cases that involve a substantial federal question. The court is not interested in cases that affect only the parties in the case and that do not have broader significance.  The court has traditionally refused to deal with political questions, issues the court believes the executive or legislative branches should resolve.  Another factor in limiting the courts power is their power to enforce its rulings  Lower courts can ignore Supreme Court decision  Cases have to meet certain criteria.  They will only consider cases where the decision will make a major impact.  The Supreme Court will not hear a case to merely decide a point of law. It will not give advisory opinions, rulings on a law or action that has not been challenged.  The person or group bringing the case must have suffered real harm, such as denial of civil liberties or economic loss. Plaintiffs must show that the law or action being challenged has harmed them.  The Supreme Court only accepts cases that involve a substantial federal question. The court is not interested in cases that affect only the parties in the case and that do not have broader significance.  The court has traditionally refused to deal with political questions, issues the court believes the executive or legislative branches should resolve.  Another factor in limiting the courts power is their power to enforce its rulings  Lower courts can ignore Supreme Court decision