4.17: SUPREME
COURT
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AP U. S. Government
• Article III of the Constitution establishes the Supreme Court
as the this co-equal branch of the US government.
• In its early history the Court was not so prestigious. John Jay
retired from the Supreme Court to run for governor of New
York. He later declined Adams’ appointment as Chief Justice
• The framers of the Constitution spent only two days drafting
and debating Article III
• When Pierre L’Enfant designed Washington DC he forgot to
plan for the Court building
• The Supreme Court didn’t have a permanent home until
1935
• Chief Justice John
Marshall’s 35 year tenure
shaped the Court into
what it is today, a strong
check on power, and
protector of liberty.
• Marshall’s pro-Federalists
decisions strengthened
both the Court and the
national government
• Marbury v. Madison
established the
precedent of judicial
review
Jurisdiction
• Original jurisdiction:
1) cases involving representatives of foreign
governments
2) certain cases between different states
• Appellate jurisdiction:
1) cases from the 12 US Courts of Appeals and
US Court of Appeals for the Federal Circuit
2) US Court of Military Appeals
3) cases from district courts regarding acts of
Congress
4) Appeals from state high courts on issues
of constitutional law.
Duties
• Duties of the court have evolved over the centuries. The
primary task is to hear and rule on cases.
• Three primary decisions made by justices:
1) which cases to hear
2) ruling on cases before the court
3) providing and explanation for ruling
(opinion)
• Ride the circuit
• The Chief Justice has the added responsibility of presiding
over the conference, and serve as administrator of the
federal court system
• Since 1882 clerks have assisted the justices
Court Basics
• During a term, the Court sits for two weeks per month
• During these sittings, the Court hears oral arguments on
cases.
• Arguments are heard on Mondays-Wednesdays
• Thursday and Friday are reserved for conference. These are
meetings held in private chambers in which justices to
decide cases
• After two weeks of hearing cases, Court recesses. During the
recess justices write opinions and discuss what cases they
will consider in the future
• The Court hears only 5% of the cases appealed
How Cases Reach the Court
• The main road to the Supreme Court is by a writ of certiorari
• A “cert” is an order from the Supreme Court to a lower court to send records on a case
for review.
• Certs are granted when attorneys for the case petition the Court on the grounds that
the case was mishandled by the lower court or the case involves an important
Constitutional question.
How Cases Reach the Court
• 90% of all petitions for Certiorari are rejected
Why?
• The court may feel that the case has no real Constitutional
merit
• They may feel that another case pending will address the
issue more effectively
• They may not want to deal with a hot potato
• If the Court refuses to take the case, the lower court
decisions stands. Stare decisis – “let the decision stand”.
How Cases are Selected
• Cases with merit are placed on a discuss list by justices and
their clerks, cases not making the list a remanded to the
lower courts
• Justices and their clerks review petitions for certiorari while in
recess.
• Friday afternoon justices discuss cases on the list, if 4 of the 9
decide to take the case a writ of certiorari will be issued
(k.a. the Rule of Four)
• Lawyers in the case will be notified and send briefs to the
Court
How Cases are Selected
• In some cases the justices will decide a case without hearing oral
arguments.
• During the Friday discussion justices can accept a case and issue
a per curiam opinion
• A per curiam (by the court) opinion is a decision made by the
court without hearing arguments or receiving new information.
• Even though a per curiam is unsigned all courts are bound by the
decision.
• Usually involves a case where there was a clear procedural error
by the lower court.
• By certificate—lower court requests SCOTUS to help them
decide which rule should apply
• But most cases arrive via a writ of certiorari—an order from
the SC to a lower court directing the case to be sent up for
review—can actually be given without a lower court
decision
• “Rule of 4” required for certiorari “To be made more certain”
• When cert is denied, lower court decision stands
• Cert granted usually when 1) 2 or more Federal Circuit
Courts of Appeals have disagreed or 2) Highest court in a
state has held a federal or state law either valid or in
violation of the Constitution
STEPS IN DECIDING
A CASE
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Steps in Deciding A Case:
Step 1: Submitting Briefs
• Once a case is accepted, lawyers must submit briefs to the
Court. A brief is a written statement that outlines the legal
arguments, facts of the case, precedents that support their
case
• Amicus curiae briefs may be submitted by parties not
directly involved in the case but have an interest in its
outcome.
• Amicus briefs are filed by interest groups, government
agencies, or private citizens
• Amicus briefs are ways of lobbying or influencing the Court
Steps in Deciding A Case:
Step 2: Oral Arguments
• After briefs are received the case is placed on the
docket
• Lawyer for each side are given 30 minutes to argue their
case. During this time justices are free to interrupt with
questions (time is not credited)
• A light on the podium notifies the attorney when time’s
up.
• Lawyers follow Court protocol, failure to do so often
means you can’t come back.
Steps in Deciding A Case:
Step 3: Conference
• Friday Conference. Justices debate cases for 6 to 8 hours.
No notes of the discussions are kept.
• The Chief Justice serves as moderator.
• Justices discuss their opinions on the case in order of
seniority.
• Each case is given about 30 minutes. The discussion on what
cases to consider in the future is often less than 5 minutes.
• Once discussion is closed, justices vote. 6 justices are
required for a quorum. If a tie occurs the lower court
decision stands
Steps in Deciding A Case:
Step 4: The Opinion
• In major cases the Court issues at least one opinion. The
opinion states the facts of the case, the Constitutional
questions, announces the Courts decisions and offers
some explanation.
• The opinion serves as the precedent for lower courts to
follow when deciding similar cases
• It also serves as a way for the Court to communicate to
Congress, the president, and state governments
Steps in Deciding A Case:
Step 4: The Opinion
• Four types of opinions:
1) Unanimous- all justices vote the same way
2) Majority – written in agreement with the case
3) Concurring- when one or more justices have
other reasons for decision other than those
mentioned in the majority
4) Dissenting- opinion of justices on the losing
side. May serve as the precedent for cases in
the future
SHAPING POLICY
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How the Court Shapes Policy
Three tools:
• 1) Judicial review- Court’s power to examine the
laws and actions of the national, state, and
local governments
• 2) Interpretation of law- Courts authority to refine
and clarify the language of the law
• 3) Overturning previous decisions- Legal system
based on the principle of stare decisis. To
lend predictability to the law precedents serve
as the guide for subsequent decisions
LIMITS ON COURT’S
POWER
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Limits on Court Power
• Types of issues- The Court has little influence in the area of foreign
policy.
• Rules for accepting a case:
1) Court will only consider cases where a
decision will make a difference. It will not give
advisory opinions (ruling on a law that has not
been challenged)
2) Plaintiffs must have suffered some real harm
3) Case must have a substantial federal
question
4) Courts typically refuse to hear cases of a
political nature
Limits on Court Power
• Limited control on the agenda- Court can only deal with
cases within its jurisdiction and when plaintiffs bring a case.
As federal laws change so does the Court’s authority.
• Lack of enforcement power- Court has no mechanism by
which to enforce its decisions.
Most decisions are obeyed, others…
• Checks and balances- The president appoints justices,
Senate confirms nominees. Congress has the authority to
create all federal courts below the Supreme Court as well as
determine the number of justices
• Limitations constraining Judicial Actions:
• Reactive nature of the Courts
• Ability Of Congress to pass new laws (or modified)
• Or President to modify executive regulations
• Public Opinion (gradual impact)
• Trend toward moderate decisions
• Narrow interpretation of the law the norm=> narrow rulings
• Court’s need to maintain Public’s perception of Legitimacy
• Avoid sweeping changes to precedence