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8. Opinion Writing: Explains the decision and the reasoning behind it.

5. Both parties are notified and file legal briefs: written statement setting forth the legal arguments, relevant facts and precedents supporting their side of the case. Parties not involved in the case, but have an interest may file amicus curiae (friend of the court) brief.

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8. Opinion Writing: Explains the decision and the reasoning behind it.

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  1. 5. Both parties are notified and file legal briefs: written statement setting forth the legal arguments, relevant facts and precedents supporting their side of the case. Parties not involved in the case, but have an interest may file amicus curiae (friend of the court) brief. • 6. Oral Arguments: Each side has 30 minutes to summarize their key points and answer questions.

  2. 7. Case Conference: On Fridays meet in secret to discuss cases and tentatively vote. At least 6 justices must partake and a maj vote is needed for them to reach a decision. If tied, lower ct. decision is left standing.

  3. 8. Opinion Writing: Explains the decision and the reasoning behind it. • a.Majority Opinion: 1 justice from the maj. side is assigned to write the ct’s ruling. If Chief is in maj he assigns, if not, sr. justice on winning side assigns it. • b. Dissenting Opinion: Written by member of losing side explaining why he/she thinks the winners are wrong and lay foundation for future reversal.

  4. c.Concurring Opinion: Is written by a member of the majority who has different reasons for reaching his/her decision from that of the majority opinion writer. • 9. Final vote: Opinion is announced and published.

  5. Sec.2:SC Decisions and Public Policy • A. The SC determines public policy by applying the law to specific disputes: It shapes policy in 3 ways: • 1. Using Judicial Review: The ct’s. power to examine laws and actions of local, state and national gov’ts and to cancel them if they violate the Constitution.

  6. a.The ct. first assumed this power (not in const) in the case Marbury v. Madison: since then the ct. has invalidated 100 provisions of fed. law. • 1) Used to check Congress: Dred Scott case ruled that Missouri comp. was unconstitutional. • 2) Used to check the President: Ex parte Mulligan case ruled that Lincoln’s suspension of certain civil rights during the Civil War was unconstitutional.

  7. b. More than 1,000 state and local laws have been ruled unconstitutional. • 1) Racial Desegregation (Brown v. Board) • 2) Reapportionment of state leg (Reynolds v. Sims) • 3) Police Procedures (Miranda v. AZ)

  8. 2. Interpret the meaning of laws: Congress often uses very general language in framing its laws, leaving it to the Courts to explain what the law means. • a. Example: Americans with Disabilities Act of 1990

  9. 3. Overturning earlier decisions • a.Stare decisis: “Let the decision stand”-under this principle once the Ct. rules on a case, its decision serves as a precedent, or model, on which to base other decisions in similar cases. • b. On the other hand, the law needs to be flexible and adaptable to changing times, social values and circumstances. Thus by overturning prior decisions, the Court can determine policy • 1) Katz v. US. overturned the Olmstead v. U.S. decision concerning police using wiretaps, as a result now they need a warrant.

  10. B. Limits on the Supreme Court • 1. Limits on types of issues: the SC does not have the time or resources to tackle every issue- so they have a tendency to concentrate on certain types of issues: • a. Civil liberties cases: Prisoner appeals make up 26% of the case. • b. Economic issues such as gov’t regulations of business, labor-management relations, antitrust laws and environmental protection.

  11. c.Issues that arise in the federal structure such as disputes between the federal gov’t and the states. • 2. Limits on types of cases: The Ct. will hear cases that meet certain criteria: • a. Cases where its decision will make a difference, It only hears real cases not hypothetical cases. It does not give advisory opinions. • b. The person or group bringing the case must have suffered real harm.

  12. c.The ct. only accepts cases that involve a substantial federal question. The legal issues in dispute must affect many people or the operation of the gov’t itself. • d.The ct. traditionally refused to deal with political questions – issues the Court believes the executive or legislative branches could resolve.

  13. 3. Limited Control over Agenda: Ct. can decide cases that come to it from elsewhere in the legal system. It cannot go out and look for cases. • 4. Lack of Enforcement Power: The ct. is at the mercy of local, state and national officials to enforce their decisions (School prayer) • 5. Presidential and Congressional checks

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