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Supreme Court Decision Making Supreme Court Decision Making

Supreme Court Decision Making - PowerPoint Presentation

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Supreme Court Decision Making - PPT Presentation

Ch 12 We begin at the Supreme Court because Original jurisdiction We dont Majority of cases are appellant jurisdiction Writ of certiorari sersh ohrare ee send up the records for review ID: 515792

supreme court federal justices court supreme justices federal cases opinion oral president justice majority decisions laws write law legal government views arguments

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Slide1

Supreme Court Decision Making

Ch

12Slide2

We begin at the Supreme Court because…

Original jurisdiction

We don’t!

Majority of cases are appellant jurisdiction

Writ of certiorari

(

sersh

-oh-rare-

ee

)

- send up the records for review!

½ cases heard by Supreme Court involved- federal government

Solicitor general represents federal governmentSlide3

Ok we have the writ of certiorari now what?

Justices and CLERKS consider

Chief Justice “puts on the discussion list” (POWER decides 1

st

version of list)

4/9 accept the caseRule w/o new info per curiam opinionAccepted!Submit a brief (lawyers)Parties of interest brief – amicus curiae2 weeks of oral argumentsconferencing + recessOutcome: unanimous, majority opinion, concurring opinion (different reason), dissenting opinionSlide4
Slide5

Remember…

the legislative branch is most productive Tuesday-Thursday (why?)

Supreme court- Monday-Wed (oral arguments) wed-Friday secret conference (2 weeks)

Recess- cases they’ve heard, read summaries of cases to consider (from who?), write opinions

P. 332 how is the rule of 4 related to the bullets above?

A: Hesitate to take on issues = harder to get 4 to agree to hearSlide6

Writ of Certirorari

1) legal error in handling the case

2) significant constitutional issue

What happens if it’s denied to be heard?Slide7

Solicitor General

Appointed by the President; expectation is to buffer between President + Supreme Court w/

Pres

views on legal questions @ best interest

Decide if the federal government should appeal

Lawyers for solicitor general do research for Supreme Court cases that involve federal government. Written and oral arguments support the governments positionSlide8

Oral Arguments

30 minutes to present/?’

ed

by Justices (interrupt!) Chief Justice directs discussion

Conference: Chief Justice (who presently?) asks by seniority for views + conclusions (30 minutes w/present caseload)

@ least 6 Justices present for decisionTie? Lower court decision standsSlide9

Written Opinions

Set precedent for lower courts to follow

It’s a way to communicate w/Congress, President, Public

1/3 tend to be unanimous

Chief justice votes w/majority- assigns someone to write majority opinion

Vote against majority; most senior majority assigns to write opinionLaw clerks write 1st draft; accepted, revised w suggestions from justices, rejected bargaining process- weeks/months process until announced during a sittingSlide10

Flow chart- appeals to the supreme court

Use the following words and your table buddy to create a chart showing the route of appeals to the Supreme Court

Announced, discussion list, reject, appeal, writ of certiorari, decide based on previous materials, full consideration, lawyers briefs, reject, announced, amicus curiae, revise, reject, oral argument, bargaining, opinion, conference, recessSlide11

p. 334 Clarence Gideon

Used 6

th

and 14

th

amendments to get a lawyer. Find the language in the 6th amendment that supported this idea. Slide12

Exit Slip

List the 3 ways a case could get to the Supreme Court

List the 4 factors the Supreme Court uses to decide major

cases once they’ve been selected for full consideration

Original jurisdiction, writs of certiorari, appeals

Submitting briefsOral argumentsThe conferenceWriting the opinionSlide13

Supreme Court shapes public policy

Judicial review

Interpreting the meaning of laws

Overruling/reversing previous decisions

150 federal unconstitutional

1,270 state local laws unconstitutionalBrown v board + Miranda v ArizonaREMEMBER the Supreme Court does not give advisory opinions only where ppl harmed/federal question is involvedSlide14

The Supreme Court is a legal and political institution

They apply law to disputes which determines national policy

When judicial review is used, it discourages the passage of similar laws for yearsSlide15

Something to consider…

Ex parte Milligan (1866) found President Lincoln’s suspension of certain civil rights during the Civil War unconstitutional

Civilian tried in civilian court not military unless unavailable

Ex parte Endo- interned Japanese American released “loyal citizen”

How are they detaining @ GITMO then?Slide16

Supreme Court powers limited

Range of topics; civil liberties (1964 Act made federal issue; increase caseload since), economic issues (govt. business regulations, environmental protection), federal legislature, due process, suits against govt. officials

¼ time from supreme court is spent on prisoners challenging convictions

Right to a fair trial

Proper use of evidence – must show HARM! Not just I don’t like…

Lack of enforcement: lower courts don’t strictly enforce (school integration) lack of ability to monitor prestige usually followedSlide17

2000 Election Bush/Gore p. 342

A per

curiam

decision! What’s that mean again?

Indeed

, some per curiam decisions are accompanied by dissenting opinions. See, e.g., Bush v. Gore, 531 US 98 (2000).Slide18

Influencing court decisions….

Gray area- look for logical connections (Constitution), statutes, legal precedent

Existing laws, personal views, interactions with other justices, social forces +public attitude, Congress and the President

BUT

LAW

is the foundation for decisions Societies values and beliefs change; should justices serve for life?Checks and balances:President appoints justices and enforces court decisionsCongress; passes laws that nullifies an earlier court ruling, passes a law to end the courts authority to hear certain cases (never passed), sets # justices, refuses confirmation of nomination, cannot reduce salary, but fail to increaseSlide19
Slide20

Voting bloc- liberal/conservative perspective; anticipated voter

Swing vote- justices whose views aren’t consistent w/either bloc

The life of a Justice

Washington DC boardinghouse

Washington DC house W/family

“90% time function as 9 independent law firms meeting only for oral arguments + conferences” communicate in writingSlide21

Exit slip

What forces inside and outside court influence decisions?Slide22

Feeling good about the Supreme Court?

You have the opportunity to write a Supreme Court Justice and share with us…

What are their likes/dislikes of the job?

What are their most difficult/interesting cases

What are their thoughts on lifetime appointment?

How man clerks do they have?Earn yourself some extra credit. Must submit the letter before sending…probably should type…