1. Supreme Court http://www.oyez.org/tour?item=introduction http://www.oyez.org/tour?item=introduction The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.Stephen G. BreyerClarence ThomasRuth Bader GinsburgSamuel A. AlitoAnthony M. KennedyJohn Paul StevensJohn G. RobertsAntonin G. ScaliaDavid H. Souter

2. Supreme Court 3 tools to decided cases 1. Constitution 2. Precedent (Stare Decisis) 3. Society

3. Judicial Review Chapter 18, Section 3 Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court to determine the constitutionality of a government action First asserted power of judicial review in the case of Marbury v. Madison (1803). First asserted power of judicial review in the case of Marbury v. Madison (1803). The Court’s decision laid the foundation for its involvement in the development of the American system of government. The Court’s decision laid the foundation for its involvement in the development of the American system of government.

4. Supreme Court Jurisdiction Chapter 18, Section 3 Both original and appellate jurisdiction. Both original and appellate jurisdiction. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year.

5. How Cases Reach the Supreme Court Four of nine judges must agree that it should be placed on the Court’s docket. Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Cert Denied, court refuses to hear case Cert Denied, court refuses to hear case Certificate Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Start with 8,000 cases ½ returned to lower court for reconsideration

6. Appealing a Case to the Supreme Court Chapter 18, Section 3

7. How the Supreme Court Operates Oral Arguments 30 minutes to discuss the key Constitutional issue only 30 minutes to discuss the key Constitutional issue only Solicitor General-Fed. Gov’t chief lawyer Solicitor General-Fed. Gov’t chief lawyerBriefs Briefs are written documents filed with the Court before oral arguments begin. Briefs are written documents filed with the Court before oral arguments begin. AMICUS CURIAE-”Friend of the court” briefs AMICUS CURIAE-”Friend of the court” briefs Not a party to the case, but “interested in outcome” Not a party to the case, but “interested in outcome” He speaks 1 st & votes 1 st —rest speak & vote based on seniority. He speaks 1 st & votes 1 st —rest speak & vote based on seniority. Chapter 18, Section 3

8. The Court in Conference The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. He speaks 1 st & votes 1 st —rest speak & vote He speaks 1 st & votes 1 st —rest speak & vote Why do Justices change their mind and vote differently than expected? Why do Justices change their mind and vote differently than expected?

9. Opinions of the Court Chapter 18, Section 3 Once the Court finishes its conference, it reaches a decision and its opinion is written.

10. How do Supreme Court decisions differ from Legislative or Executive Branch decisions?