The Federal Judiciary. A Dual Judicial System In the U.S., we have a dual judicial system consisting of a national court system, but also separate court.

The Federal JudiciaryThe Federal Judiciary

A Dual Judicial System A Dual Judicial System

In the U.S., we have a In the U.S., we have a dual judicial systemdual judicial system consisting of a national consisting of a national court system, but also separate court systems in the 50 states.court system, but also separate court systems in the 50 states.

As a general guide, federal courts are granted exclusive As a general guide, federal courts are granted exclusive jurisdiction over certain federal statutory claims and jurisdiction over certain federal statutory claims and constitutional matters.constitutional matters.

The cases can be criminal or civil in nature.The cases can be criminal or civil in nature. State courts, in turn, handle nearly every type of case, subject to State courts, in turn, handle nearly every type of case, subject to

certain jurisdictional limits.certain jurisdictional limits.

The Federal Courts Today The Federal Courts Today

The federal courts The federal courts today are divided today are divided into 3 levels.into 3 levels.

Although there are Although there are certain exceptions, certain exceptions, cases progress cases progress through federal through federal court system from court system from the lowest (District the lowest (District Court) to the highest Court) to the highest (Supreme Court) (Supreme Court) level.level.

The SystemThe System

Appointed by president, confirmed Appointed by president, confirmed by Senateby Senate

No requirements for officeNo requirements for office ““Hold their offices during good Hold their offices during good

behavior”behavior” Federalist Federalist 7878

The Supreme CourtThe Supreme Court

Article IIIArticle III Judiciary Act of 1789Judiciary Act of 1789 Original v. Appellate jurisdictionOriginal v. Appellate jurisdiction Judicial reviewJudicial review PrecedentPrecedent Writ of certiorariWrit of certiorari

– 8,000 apply—fewer than 100 granted8,000 apply—fewer than 100 granted– Rule of FourRule of Four

The Supreme CourtThe Supreme Court

Most cases:Most cases:– Raise constitutional issuesRaise constitutional issues– Affect livesAffect lives– Address inconsistent decisionsAddress inconsistent decisions– Conflict with precedentConflict with precedent

No advisory opinionsNo advisory opinions How cases are argued and decidedHow cases are argued and decided

DecisionsDecisions

MajorityMajority PluralityPlurality ConcurringConcurring DissentingDissenting

Other Federal CourtsOther Federal Courts

““Upper-Court Myth”Upper-Court Myth” U.S. District CourtsU.S. District Courts

– 94 District Courts94 District Courts– Chief trial courtsChief trial courts– > 90% of cases end here> 90% of cases end here

U.S. Courts of AppealsU.S. Courts of Appeals– No juriesNo juries– 13 total13 total– Panel of three judges v. en bancPanel of three judges v. en banc

Special CourtsSpecial Courts The Court of International Trade The Court of International Trade

addresses cases involving international addresses cases involving international trade and customs issues.trade and customs issues.

The United States Court of Federal The United States Court of Federal Claims has jurisdiction over most Claims has jurisdiction over most claims for money damages against the claims for money damages against the U.S., disputes over federal contracts, U.S., disputes over federal contracts, unlawful “takings” of private property unlawful “takings” of private property by the federal government, and a by the federal government, and a variety of other claims against the U.S.variety of other claims against the U.S.

Federal Court MythFederal Court Myth

95% of cases are decided in state 95% of cases are decided in state courtscourts

How we select state judges: How we select state judges: appointment v. election v. Missouri appointment v. election v. Missouri PlanPlan

Composition of the Supreme Composition of the Supreme CourtCourt

Since 1869, the United Since 1869, the United States Supreme Court States Supreme Court has consisted of 8 has consisted of 8 associate justices and associate justices and one Chief Justice.one Chief Justice.

Among the duties of the Among the duties of the Chief Justice are:Chief Justice are:1.1. to preside over the to preside over the

Court;Court;2.2. assign the writing of assign the writing of

opinions if in the opinions if in the majority;majority;

3.3. administer the oath of administer the oath of office to the president office to the president and vice president on and vice president on Inauguration Day.Inauguration Day.

Appointment ProcessAppointment Process

Senatorial Courtesy Senatorial Courtesy in the District and in the District and Appellate CourtsAppellate Courts

President George W. Bush with confirmed Appeals Court nominee Priscilla Owen & Senate Majority Leader Bill Frist (R-TN), May 25, 2005

Nomination Criteria for Supreme Nomination Criteria for Supreme Court Court

Competence and ethical Competence and ethical standards.standards.

Ideology or policy preferences Ideology or policy preferences [e.g., Bork for Reagan].[e.g., Bork for Reagan].

Rewards to allies (i.e., Rewards to allies (i.e., patronage).patronage).

Pursuit of political support.Pursuit of political support. Religion, race, gender, & Religion, race, gender, &

ethnicity [e.g., Miers for G.W. ethnicity [e.g., Miers for G.W. Bush, Ginsburg for Clinton, Bush, Ginsburg for Clinton, Thomas for G.H.W. Bush, Thomas for G.H.W. Bush, Marshall for LBJ, O’Connor for Marshall for LBJ, O’Connor for Reagan, Scalia for Reagan];Reagan, Scalia for Reagan];

Confirmability Confirmability (uncontroversial) [Roberts for (uncontroversial) [Roberts for G.W. Bush].G.W. Bush].

Investigation commences.Investigation commences. The F.B.I. conducts an extensive background The F.B.I. conducts an extensive background

check of all formal nominees.check of all formal nominees. The American Bar Association rates the candidate The American Bar Association rates the candidate

(though the Bush administration no longer (though the Bush administration no longer considers the ABA’s ratings).considers the ABA’s ratings).

The Senate Judiciary Committee requires The Senate Judiciary Committee requires nominees to complete a questionnaire detailing nominees to complete a questionnaire detailing past experience.past experience.

Lobbying commences by various interest groups.Lobbying commences by various interest groups.

The Supreme Court The Supreme Court Confirmation Process Confirmation Process

Senate Judiciary Committee Senate Judiciary Committee HearingsHearings

The Senate Judiciary The Senate Judiciary Committee holds Committee holds hearings & votes.hearings & votes.

If the nominee gets If the nominee gets throughout the throughout the Judiciary Committee, Judiciary Committee, the full Senate votes.the full Senate votes.

Can be a very political Can be a very political process—especially process—especially recently [e.g. Robert recently [e.g. Robert Bork for Reagan; Bork for Reagan; Clarence Thomas for Clarence Thomas for G.H.W. Bush].G.H.W. Bush].

U.S. Senate VoteU.S. Senate Vote

After a nominee After a nominee gets through the gets through the vote of the Senate vote of the Senate Judiciary Judiciary Committee, the Committee, the appointment goes appointment goes to the full Senate.to the full Senate.

A majority must A majority must vote for that vote for that individual in order individual in order to be confirmed.to be confirmed.

Sandra Day O'Connor after her unanimous confirmation by the U.S. Senate, September 21, 1981

Judicial PerformanceJudicial Performance

More than 90% of nominees come More than 90% of nominees come from president’s partyfrom president’s party

¾ perform as expected¾ perform as expected White males dominateWhite males dominate

– Supreme Court has improved recentlySupreme Court has improved recently

Making DecisionsMaking Decisions

Constrained to factsConstrained to facts Civil v. Criminal v. Procedural LawCivil v. Criminal v. Procedural Law What things constrain decisions of What things constrain decisions of

federal judiciary?federal judiciary?– ConstitutionConstitution– Statutory lawStatutory law– PrecedentPrecedent

InfluencesInfluences– Amicus curiae briefsAmicus curiae briefs

The Role of the JudiciaryThe Role of the Judiciary

Judicial restraint v. judicial activismJudicial restraint v. judicial activism Originalism v. Living constitutionOriginalism v. Living constitution

For TuesdayFor Tuesday

Learn about Sotomayor and KaganLearn about Sotomayor and Kagan– How did their appointments go? Why How did their appointments go? Why

were they selected?were they selected? Are we too harsh on nominees?Are we too harsh on nominees?

– What should matter? What shouldn’t?What should matter? What shouldn’t? Think about the philosophical Think about the philosophical

distinctions…what should we expect distinctions…what should we expect and hope for in nominees?and hope for in nominees?