The Supreme Court

1. The Supreme Court

2. Jurisdiction • Is the authority of the courts to hear certain cases • Under Constitution, federal courts have jurisdiction in cases regarding • Federal law • Treaties • Interpretation of the Constitution

3. Original Jurisdiction: have authority to hear cases for 1st time – lower courts • In federal system: district courts & S Court (in limited cases) • Where trials are conducted, evidence presented, juries determine outcome • Appellate jurisdiction: courts that hear reviews or appeals of decision in lower court • Court of Appeals & S Court • Concurrent jurisdiction: allows certain types of cases to be tried in either federal or state court

4. Structure of the Judicial System • Constitutional Court: federal courts created by Congress under Article III & S Court • Included: district courts, Court of Appeals, Court of Appeals for Federal Circuit, U.S. Court of International Trade • Congress has created legislative courts to hear cases arising from powers given to Congress under Article I • Have narrower range of authority than constitutional courts • (Territorial Courts, U.S. Tax Court, U.S. Court of Appeals for the Armed Forces)

5. District Courts • Created under Judiciary Act of 1789 • Serve as trial courts at federal level • Every state has at least 1 district court • Currently 94 districts • Have original jurisdiction; do not hear appeals • Decide civil & criminal cases arising under the Constitution, federal laws, treaties • > 80% of all federal cases heard here

6. Courts of Appeals • Created 1891 to lessen work load of S Court • Decide appeals from district courts & reviews decisions of federal administrative agencies • States divided into circuits, or geographic judicial districts • Washington DC • Federal Circuit – hears cases involving federal agencies • 13 Courts of Appeals • Appellate jurisdiction only • May only review cases already decided by a lower court • Panel of judges

7. Supreme Court • Only court actually created by Constitution • Highest court in federal judicial system • Final authority in dealing w/ questions from Constitution, federal laws, treaties • Original and appellate jurisdiction • Most cases are on appeal • Writ of certiorari grants – cases granted an appeal hearing from lower federal courts • Cases may come directly to S Court from: • State supreme courts • Federal law or Constitution is involved • Representatives of a foreign gov’t are involved • Certain types of cases were a state is a party

8. Congress established current size of S Court at 9 in 1869 • 8 associates, 1 chief • All nominated by president & confirmed by Senate • Current members: • Chief: John Roberts (2005) • Associates: Ruth Bader Ginsburg (1993), Stephen Breyer (1994), Antonin Scalia (1986), Clarence Thomas (1991), Samuel Alito (2006), Anthony Kennedy (1988), Sonia Sotomayor (2009), Elena Kagen (2010)

9. Judicial Selection • Federal judges appointed by president, confirmed by Senate • No formal qualifications • Serve “during good behavior” generally means life • To allow judges to be free from political pressures when deciding cases • May be removed through impeachment, conviction

10. Lower Courts • Dept of State & White House staff handle these b/c of number of nominations • Senatorial courtesy: practice of allowing individual senators who represent state where district is located to approve or disapprove potential nominees • Traditionally used to make appointments to district courts • b/c Courts of Appeals cover several states, less senatorial influence & senatorial courtesy doesn’t play a role in nomination process

11. Supreme Court • Higher visibility & importance demands greater attention from president to nomination of justices • Presidents only make an appointment if a vacancy occurs during their term • Things presidents consider when making appointments: • Party affiliation – choosing judges from own political party • From FDR to G. W. Bush (except Ford) – 90% of lower federal court judges came from own party • Judicial philosophy – appointing judges who share political ideology • Constitutional precedent, judicial activism, legal writings, past decisions

12. Race, gender, religion, region – bring balance to the court or satisfy certain segments of society • Increasing number of minorities, women • Judicial experience – previous experiences as a judge in district, appeals, state courts • “litmus test” – ideological purity toward liberal or conservative stand on certain issues (i.e. abortion) • Acceptability – noncontroversial & therefore acceptable to members of the Senate Judiciary Committee & the Senate • American Bar Association – largest national organization of attorneys are often consulted by presidents, rates nominees’ qualifications • Interest groups – support/oppose nominee based on his/her position on issues of importance to interest group; use lobbyists • Justices – endorsements from members of S Court

13. Contested S Court appointments • 1987: Reagan nominated Robert Bork, the assistant attorney general when Nixon fired Attorney General Elliot Richardson for not firing Archibald Cox, the special prosecutor hired to investigate Watergate • Bork did fire Cox • Bork conservative jurist & believed in judicial restraint • But his involvement in Watergate and some of his views about minorities and affirmative action led to rejection by Senate • Being “Borked” – appointee who does not get approved by Senate b/c of ideological reason

14. 1991: G. H. W. Bush nominated Clarence Thomas • Anita Hill accused Thomas of sexual harassment • Confirmation brought conflict between president’s constitutional authority to nominate person he feels best qualified • Narrowly confirmed 52-48 • 2005: Sandra Day O’Connor retired, G. W. Bush appointed John Roberts • Roberts very experienced – had clerked for Rehnquist, served on the DC Circuit Court, argued cases before the S Court • but then Rehnquist died, so Bush changed appointment to be the Chief Justice • Roberts described himself as “strict constructionist” • Became youngest Chief Justice since John Marshall