The Judicial Branch The Supreme Court Decision Making.

The Judicial BranchThe Judicial Branch

The Supreme Court The Supreme Court Decision MakingDecision Making

The Supreme Court at The Supreme Court at WorkWork

ProcedureProcedure Court sits for two consecutive Court sits for two consecutive

weeks each month during the term weeks each month during the term (1st Monday of October- June).(1st Monday of October- June).Mondays thru Wednesday oral Mondays thru Wednesday oral arguments are heardarguments are heard

Wednesdays and Fridays justices Wednesdays and Fridays justices conference to decide casesconference to decide cases

After the two weeks justices work After the two weeks justices work privately paperwork such as:privately paperwork such as:

Opinions (written statement Opinions (written statement of how they decided the of how they decided the case) are worked oncase) are worked on

Consideration of potential Consideration of potential casescases

How Cases Reach the CourtHow Cases Reach the Court Writs of Certiorari (Writ of Cert)Writs of Certiorari (Writ of Cert)

Writs of Certiorari (order from Writs of Certiorari (order from the USSC to a lower court to the USSC to a lower court to send records for a case under send records for a case under review) are the most common review) are the most common methodmethodThese are attained through the These are attained through the petition by a litigant in the casepetition by a litigant in the case

90% of the Writs submitted are 90% of the Writs submitted are rejected.rejected.

AppealsAppealsFew cases reach the USSC Few cases reach the USSC on appealon appeal

If the case is not heard by If the case is not heard by the USSC the lower court the USSC the lower court ruling is finalruling is final

Selecting CasesSelecting Cases All justices submit a list of cases All justices submit a list of cases

for consideration and place them for consideration and place them on a discuss liston a discuss list If not put on the list the case will If not put on the list the case will not be heardnot be heard

Then the justices talk about the Then the justices talk about the cases in conference.cases in conference.Here armed with research and Here armed with research and information on the cases justices information on the cases justices give their views on the case.give their views on the case.

If four justices want to hear If four justices want to hear the case it is accepted for the case it is accepted for decision.decision.

Deciding Minor CasesDeciding Minor Cases The USSC can quickly rule on case The USSC can quickly rule on case

with or without more information with or without more information than is provided in the Writ of than is provided in the Writ of Cert processCert process If decided without further If decided without further information the USSC either information the USSC either returns the case to a lower court returns the case to a lower court for a new decision or announces for a new decision or announces a per curiam opinion (a unsigned a per curiam opinion (a unsigned statement of the USSC decision).statement of the USSC decision).

Deciding Major CasesDeciding Major CasesSubmitting BriefsSubmitting Briefs

Lawyers submit briefs Lawyers submit briefs (written statement of legal (written statement of legal arguments, relevant facts, arguments, relevant facts, and precedents regarding and precedents regarding the case at hand)the case at hand)

Those not directly involved Those not directly involved in the case, but who have an in the case, but who have an interest in its outcome can interest in its outcome can submit amicus curiae briefs submit amicus curiae briefs that contain information that that contain information that they wish the USSC to they wish the USSC to consider in deciding the consider in deciding the case.case.Subtle way of lobbying the Subtle way of lobbying the USSCUSSC

Oral ArgumentsOral Arguments

Lawyers from both sides are Lawyers from both sides are then asked to present before then asked to present before the USSC an oral argument the USSC an oral argument that lasts only 30 minutes that lasts only 30 minutes highlighting the key points of highlighting the key points of the case.the case.

The ConferenceThe ConferenceOn Friday the justices meet for On Friday the justices meet for 6-8 hours and discuss the 6-8 hours and discuss the cases in private, with no formal cases in private, with no formal record of these meetings being record of these meetings being kept.kept.

Each decision gets about 30 Each decision gets about 30 minutes of discussion.minutes of discussion.

The Chief Justice asks each The Chief Justice asks each justice in order of seniority justice in order of seniority to give their views, and then to give their views, and then they vote.they vote.There must be 6 justices There must be 6 justices present to votepresent to vote

A majority must be A majority must be achieved to decide a case.achieved to decide a case.

If a tie is the result the lower If a tie is the result the lower court decision is left standing.court decision is left standing.

Writing the OpinionWriting the OpinionFor every case the Court issues For every case the Court issues at least one opinion.at least one opinion.

This sets precedent- the This sets precedent- the interpretation of law lower interpretation of law lower courts should follow in the courts should follow in the future when making their future when making their decisions.decisions.

They also communicate to the They also communicate to the public the Courts views.public the Courts views.

Types of OpinionsTypes of OpinionsUnanimous Opinion: all Unanimous Opinion: all justices vote the same wayjustices vote the same way

Majority Opinion: expresses Majority Opinion: expresses the view of the majority the view of the majority justices on a casejustices on a case

Concurring Opinion: An Concurring Opinion: An opinion written by a justice opinion written by a justice who agrees with the who agrees with the majority, but for a different majority, but for a different reason or reasons.reason or reasons.

Dissenting Opinion: the Dissenting Opinion: the opinion of the justices on opinion of the justices on the losing side of a casethe losing side of a case

Shaping Public PolicyShaping Public Policy

USSC Tools for Shaping PolicyUSSC Tools for Shaping Policy Judicial ReviewJudicial Review

The power to invalidate The power to invalidate laws at all levels of laws at all levels of government makes the government makes the USSC a power in shaping USSC a power in shaping public policy.public policy.

Judicial Review and Civil RightsJudicial Review and Civil RightsCases such as Cases such as Brown v. The Brown v. The Board of Education of TopekaBoard of Education of Topeka and and Miranda v. ArizonaMiranda v. Arizona have have shaped the direction of Civil shaped the direction of Civil Rights in our nation’s history.Rights in our nation’s history.

Interpretation of LawsInterpretation of LawsLaws at all levels are written Laws at all levels are written with language that can lead to with language that can lead to need for interpretation.need for interpretation.

For example what is a For example what is a “reasonable” “reasonable” accommodation for a accommodation for a person with a disability.person with a disability.

An interpretation of any law An interpretation of any law in the land by the USSC in the land by the USSC applies to the entire nation, applies to the entire nation, regardless of the area of regardless of the area of origin.origin.

Overruling Previous RulingsOverruling Previous Rulings

The principal of stare decisis- The principal of stare decisis- “let the decision stand”- does “let the decision stand”- does rule the court system, but the rule the court system, but the law must remain flexible and law must remain flexible and adaptable to changing times.adaptable to changing times.

The Court can and will The Court can and will overturn itself.overturn itself.

Social climate and changing Social climate and changing justices are two factors that justices are two factors that can cause this to happencan cause this to happen

Plessy v. FergusonPlessy v. Ferguson was was overturned by overturned by Brown v. Brown v. the Board of Education of the Board of Education of TopekaTopeka

Olmsted v. United StatesOlmsted v. United States was overturned by was overturned by Katz Katz v. United Statesv. United States

Limits on Supreme Court PowerLimits on Supreme Court Power Types of IssuesTypes of Issues

USSC tends to stay away from USSC tends to stay away from foreign policy cases, but does foreign policy cases, but does not hesitate issues involving not hesitate issues involving civil liberties, economic civil liberties, economic issues, and legislative issues.issues, and legislative issues.

They also get involved in state They also get involved in state vs. national government vs. national government power issues.power issues.

Types of CasesTypes of CasesUSSC will only hear cases USSC will only hear cases where its decision will make where its decision will make a difference, where the a difference, where the plaintiff has suffered real plaintiff has suffered real harm, where there harm, where there substantial federal question, substantial federal question, and traditionally they have and traditionally they have stayed away from cases with stayed away from cases with political questions.political questions.

Limited Control Over AgendaLimited Control Over Agenda

All cases have to come from All cases have to come from elsewhere in the legal system- elsewhere in the legal system- thus limiting the USSC’s power thus limiting the USSC’s power to get involved in areas it sees to get involved in areas it sees to be key issues.to be key issues.

Lack of Enforcement PowerLack of Enforcement PowerThe Court lacks any The Court lacks any enforcement arm to make sure enforcement arm to make sure all parties follow their decisions- all parties follow their decisions- they rely on the executive they rely on the executive branch and Congress to aid in branch and Congress to aid in this area.this area.

Checks and BalancesChecks and BalancesThe power of the The power of the President to appoint President to appoint justices and of the justices and of the Congress to confirm and Congress to confirm and remove justices checks remove justices checks the power of the judicial the power of the judicial branch.branch.

Influencing Court DecisionsInfluencing Court Decisions

Basing Decisions on LawBasing Decisions on Law

All decisions must have a All decisions must have a basis in the laws and statutes- basis in the laws and statutes- they cannot be just what they cannot be just what justices wish them to be.justices wish them to be.

Views of the JusticesViews of the Justices Justices are people and they have Justices are people and they have

their individual views that do their individual views that do influence their legal stances.influence their legal stances.

These can lead to blocs- groups of These can lead to blocs- groups of people who vote the same way on people who vote the same way on certain issues on the Court.certain issues on the Court.

Blocs can lead to swing votes- the Blocs can lead to swing votes- the deciding vote when the Court is deciding vote when the Court is split into blocs on an issue.split into blocs on an issue.

Relationships Among the JusticesRelationships Among the Justices Personal conflicts can make Personal conflicts can make

Court work contentious and Court work contentious and difficult.difficult.

The Court and SocietyThe Court and Society

The Court relies on public The Court relies on public support to keep pressure on support to keep pressure on the different branches and the different branches and levels of government.levels of government.

As society’s views on key As society’s views on key issues have changed, so have issues have changed, so have the USSC’s views.the USSC’s views.

Balancing The Court’s PowerBalancing The Court’s Power Presidential InfluencePresidential Influence

Appointment powerAppointment powerEnforcement of decisionsEnforcement of decisions

Congressional InfluenceCongressional InfluenceCan introduce laws that limit Can introduce laws that limit the power of the USSCthe power of the USSC

Can refuse to raise justice’s Can refuse to raise justice’s salaries.salaries.

Can set the number of Can set the number of justicesjustices

Can influence justice Can influence justice selection through tough selection through tough confirmation process.confirmation process.