Deciding Cases at the Supreme Court

2. Deciding Cases at the Supreme Court C & E

3. EQs • What are the steps in the Supreme Court’s decision-making process? • What factors influence Supreme Court decisions?

4. Key Terms • docket • brief • majority opinion • dissenting opinion • concurring opinion • stare decisis

5. Key Concepts • The Judicial Branch

6. How Cases Reach the Court • Conducts business from Oct until June/July • Each month • 2 wks listening to oral arguments • 2 wks writing opinions & studying new cases • Usually gets cases from lower courts • Sometimes lower courts ask for help • 7,000+ applications to hear cases = court hears less than 200 • Hears cases 4 out of 9 justices think should be heard

7. How Cases Reach the Court • Select cases that involve Const. Issues & affect nation • Accepted cases go to the docket • Calendar

8. What kinds of cases do the Supreme Court justices tend to accept? • Usually the justices take cases that involve important constitutional issues, such as freedom of speech, equal protection of the laws, or civil liberties. They also tend to select cases that involve legal, rather than political, issues, as well as those that affect the entire country rather than just the individuals or groups directly involved.

9. Steps in Decision Making • 5 steps: • Written argument • Lawyers write briefs • Explains their side of case • Justices study briefs • Oral arguments • 30minutes to present case orally • Justices ask tough questions • Conference • On Fri. Justices meet privately to discuss case • A majority vote decides case • Opinion writing • One justice writes a majority opinion • Presents views of maj. Of justices 5. Announcement • States facts,announces ruling,explains court’s reasoning

10. Steps in Decision Making • May have an unanimous opinion • One or more justices who disagree w/ a decision may write a dissenting opinion • A person who votes w/ majority but different reason may write a concurring opinion • Final step is announcing decision • Copies go to reporters & post on website

11. Why are written opinions important? Written opinions set a precedent for lower courts to follow in future cases, and they communicate the Court’s view to Congress, the president, interest groups, and the public. Also, there is still time for justices to change their minds. An opinion may influence a justice to change his or her vote.

12. Reasons for Decisions • The law is the most imp influence • Consider how lang. of Const applies to the case • Rely on precedents • Stare decisis • “let the decision stand” • This makes decisions predictable & consistent • Law must be flexible & adapt to changing times • Can overrule outdated precedents • Social conditions can influence decisions • When social cond change – new interpretation of law

13. Reasons for Decisions • Plessy v Ferguson (1896) • Ruled racial segregation was legal w/in 14th Amendment • Separate but equal • 1950’s society’s view of segregation had changed • Brown v. Board of Education Topeka, KS (1954) • Overturned Plessy & ruled separate but equal violated the 14th Amendment

14. Reasons for Decisions • Justices view of law & role of court influences decisions • See the world based on life experience • Personal views & relationships influence decisions

15. In both Plessy v. Ferguson and Brown v. Board of Education, the Supreme Court applied the Fourteenth Amendment to questions of racial segregation. Why did the Court make different decisions in the two cases? The social conditions of the time influenced their decisions. In the earlier Plessy case, segregation was common, and the Court upheld it. By the time of the later Brown case, society’s views on segregation were beginning to change. The Court’s decision in the case to strike down segregation reflected the changing social climate.