Pump Primer

1. 15 Pump Primer • Assess the role of unelected courts and the scope of judicial power in American democracy

3. 15 The Federal Courts

4. Video: The Big Picture 15 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch15_The_Federal_Courts_Seg1_v2.html

5. 15 Learning Objectives • Identify the basic elements of the American judicial system and the major participants in it 15.1 Outline the structure of the federal court system and the major responsibilities of each component 15.2

6. 15 Learning Objectives • Explain the process by which judges and justices are nominated and confirmed 15.3 Describe the backgrounds of judges and justices and assess the impact of background on their decisions 15.4

7. 15 Learning Objectives • Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation 15.5 Trace the Supreme Court’s use of judicial review in major policy battles in various eras of American history 15.6

8. 15 Learning Objectives • Assess the role of unelected courts and the scope of judicial power in American democracy 15.7

9. 15 Biblical Integration • Assess the role of unelected courts and the scope of judicial power in American democracy

10. Video: The Basics 15 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Judiciary_v2.html

11. Nature of the Judicial System 15.1 • Criminal Law • Tort Law (Civil) • Participants in the Judicial System

12. Criminal and Civil law Criminal Law The government charges an individual with violating specific laws. Punishment for crimes against society (or public order) Tort (Civil) Law Involves a dispute between two parties (one of whom may be the government itself) over a wide range of matters 15.1

13. Participants in the Judicial System Litigants Plaintiff - bring charges Defendant - one being charged Actual disputes, no hypothetical cases Standing to sue - must be an injured party Class action suits - a small group to sue on behalf of a larger group Justifiable disputes – must be solvable by legal methods 15.1

14. Participants in the Judicial System Attorneys Large profession; 1 million attorneys Not only for the rich anymore Groups Sometimes choose to represent a plaintiff to test the constitutionality of a law Amicus curiae briefs or “friend of the court” An attempt to get their point of view across 15.1

15. 15.1 Linda Brown Linda Brown was handpicked to be the plaintiff in the famous Brown v. Board of Education case that successfully challenged the constitutionality of school segregation.

16. 15.1 15.1 In which type of case can the defendant receive imprisonment as a punishment? Criminal Civil Class action All of the above

17. 15.1 15.1 In which type of case can the defendant receive imprisonment as a punishment? Criminal Civil Class action All of the above

18. Structure of the Federal Judicial System 15.2 • Constitutional Courts • Legislative Courts • District Courts • Courts of Appeals • Supreme Court

19. Structure of the Federal Judicial System 15.2 • Constitutional Courts • Article III courts created by Judiciary Act of 1789. • Legislative Courts • Article I courts created by Congress for special purposes. • Judges have fixed terms and lack protections against removal or salary reductions.

20. 15.2 FIGURE 15.1: Organization of the federal court system

21. District Courts Organization and jurisdiction 91, at least one in each state Judges per court 2-28 = Total 675 Original jurisdiction only Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases 309,000 cases in 2010 Majority of cases involve state law and are tried in state courts 15.2

22. Courts of Appeals Review district court decisions Errors of procedure and law Don’t hear testimony or retry cases 75% of 55,000 cases come from district courts Review and enforce IRC orders 12 circuits, serving at least 2 states 6-28 judges per circuit; 179 total 3 judges per case; enbanc (by all the judges of that court) occasionally Set precedent 15.2

23. 15.2 FIGURE 15.2: The federal judicial circuits

24. Supreme Court Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation Composition 9 Justices 8 associate justices; 1 chief justice 15.2

25. Supreme Court Controls its docket Picks and chooses what cases it will hear Receives 10,000 appeals/year Most cases are appeals from lower federal courts, some losers in state courts Only hears about 80 cases/year Appeals must involve a substantial federal question 15.2

26. 15.2 FIGURE 15.3: How cases reach the Supreme Court

27. 15.2 TABLE 15.1: Sources of full opinions in the Supreme Court, 2010-2011

28. 15.2 15.2 How many cases does the Supreme Court hear per year? 100 50 80 10,000

29. 15.2 15.2 How many cases does the Supreme Court hear per year? 100 50 80 10,000

30. Politics of Judicial Selection 15.3 • Lower Courts • Supreme Court

31. Lower Courts Senatorial courtesy Unwritten tradition for district court judgeships Senate does not confirm nominees opposed by the senator of the president’s party from the state in which the district court is DoJand background checks President chooses from survivors of the background check Nominee suggested by a senator is on the list, the president must choose this person In effect makes the Senate both the nominating and approving body 15.3

32. Lower Courts Politics of judicial selection Partisan divide growing Interest groups increasingly active Lobbying against candidates who don’t share their ideology 15.3

33. Supreme Court Vacancies infrequent Some presidents never get to fill a position President nominates & Senate confirms Chief justice vacancy unique Elevate an associate justice or nominate someone from outside the Court Senatorial courtesy not relevant Court justices do not serve in districts or circuits 15.3

34. Supreme Court Partisan balance in Senate key Senate Judiciary Committee Confirmation process, Holding hearings - grills candidates on their judicial philosophy and dissects their past Highly political Filibuster To prevent confirmation Key to confirmation – president’s party holding 60 seats = cloture 15.3

35. 15.3 TABLE 15.2: Unsuccessful Supreme Court nominees since 1900

36. 15.3 Elena Kagan Elena Kagan is the junior justice on the Court, having been nominated by President Obama in 2010. As is typical in modern times, she was confirmed by a vote along party lines

37. 15.3 15.3 How is the chief justice chosen? Voted on by the other 8 justices The most senior justice gets the position Nominated by president, confirmed by Senate Picked by the Senate Judiciary Committee

38. 15.3 15.3 How is the chief justice chosen? Voted on by the other 8 justices The most senior justice gets the position Nominated by president, confirmed by Senate Picked by the Senate Judiciary Committee

39. Backgrounds of Judges and Justices 15.4 • Backgrounds • Criteria for Selection • Background Characteristics and Policymaking

40. Backgrounds Criteria for Selection Competence Ethics Diversity Ideology – most important Not a legal requirement to be a lawyer Non-lawyer may not make it through confirmation 15.4

41. Backgrounds Typical background White, male, lawyer Two African Americans Four women One Hispanic American Diversity v. ideology Older, 50s-60s Mostly Protestant 12 Catholics – current court 6 Catholics Upper-middle class backgrounds Prominent lawyer or judge 15.4

42. 15.4 Swearing in of Sonia Sotomayor Sonia Sotomayor is the first Hispanic American to serve on the Court. As we can see, the backgrounds of federal judges are not representative of Americans

43. 15.4 TABLE 15.3: Supreme Court justices, 2013

44. Criteria for Selection Geography Different regions of the country Not as important, other considerations are more prominent today Religion Effort to have Jewish or Catholic Justice Ideology/partisanship Main criterion in use today 15.4

45. Background Characteristics and Policymaking What presidents expect v. what they get Democratic expect nominees to turn the Court in a liberal direction Republican expect nominees to move the Court in a conservative direction Disappointed ¼ of the time 15.4

46. Background Characteristics and Policymaking Diversity: More than a symbolic difference? Female judges are slightly more sympathetic to charges of sexual discrimination African American judges are more sympathetic to claims of racial discrimination Differences in judicial decision making can not be attributed to any one characteristic, such as sex, race, religion, or background 15.4

47. 15.4 U.S. Supreme Court, 2013 (Front row L to R) Clarence Thomas, Antonino Scalia, John Robert, Jr., Anthony Kennedy, Ruth Ginsberg (Back row L to R) Sonia Sotomayor, Stephen Breyer, Samuel Alito, Jr., Elena Kagan

48. 15.4 15.4 What is the main criterion presidents use to select judicial nominees? State where they are from Religion Race Ideology

49. 15.4 15.4 What is the main criterion presidents use to select judicial nominees? State where they are from Religion Race Ideology

50. Courts as Policymakers 15.5 • Accepting Cases • Process of Decision Making • Basis of Decisions • Implementing Court Decisions