Structure and Jurisdiction of the Federal Courts

1. Structure and Jurisdiction of the Federal Courts AP Government and Politics Wilson: Chapter 14 Homework: Assignment 15

2. The Original District and Circuits • Created by the Judiciary Act of 1789 • 6 SC Justices • 13 Districts • 3 Circuits • “Riding the Circuit”

3. The US Court System – Legislative and Constitutional (judicial) courts

4. How do cases get to federal court? • The federal courts only have jurisdiction over certain subjects, or only when certain parties are involved in the case • Congress has enlarged and diminished this jurisdiction over time • Original vs. Appellate jurisdiction • State courts hear cases related to state laws; federal courts hear cases related to federal laws • Exclusive vs. Concurrent jurisdiction • Certain situations may present the ability to be heard in either state or federal court. • Typically, the prosecutors will consider the jurisdiction with harshest penalty, or more likely victory.

5. How do cases get to the Supreme Court? • Usually begin in federal district court. • District courts are the trial courts of the federal court system. • There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico.

6. Step 2: Circuit Courts of Appeal • Courts of Appeal • Created as a separate level, with their own justices, in the late 1800s • The 94 judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. • There are 23 circuit court judges in the 3rd circuit…

7. Appealing to the Supreme Court • If a party loses in Circuit court, they may appeal their case to the Supreme Court • Most cases reach the Supreme Court on appeal from the Circuit Courts • How many justices does it take to decide to hear a case? • Why is this number unusual? • If the justices decide to hear a case, they will issue a “writ of certiorari” • Out of the thousands of petitions for certiorari that are submitted every year, roughly 10% are granted. • How does the court “decide to decide”? • What criteria would you use?

8. Federal Judiciary: The Selection Process Homework: Assignment 15 for Monday

9. Getting “borked”? • According to columnist William Safire, the first published use of bork as a verb was "possibly" The Atlanta Journal-Constitution of August 20, 1987. • Safire defines to bork by reference "to the way Democrats savaged Ronald Reagan's nominee, the Appeals Court judge Robert H. Bork, the year before.” • Perhaps the best known use of the verb to bork occurred in July 1991 at a conference of the National Organization for Women in New York City. Feminist Florynce Kennedy addressed the conference on the importance of defeating the nomination of Clarence Thomas to the U.S. Supreme Court. She said, "We're going to bork him. We're going to kill him politically ... This little creep, where did he come from?” Thomas was subsequently confirmed after one of the most divisive confirmation hearings in Supreme Court history.

10. Getting to the Court • Describe the parts of the nomination process. • What would the membership of an ideal Supreme Court look like? • "Even if he was mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises and Cardozos and Frankfurters and stuff like that there." • What do you think of Hruska's point? • What factors does a president usually take into account when making a nomination for the Supreme Court? • What happens sometimes to the ideological leaning of a justice once appointed? Why might this occur? • Why are the following “criteria” placed on nominees considered controversial? • Senatorial Courtesy? • A “litmus test”? • What is the role of the Senate with regard to the appointment process? • Should the Senate be a “rubber stamp” with regard to who the president has appointed?

11. Alito on Becoming A Judge

12. Day 1 of Kagan Confirmation

13. Day 2 of Kagan Confirmation