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The Judiciary part 3

The Judiciary part 3. Cases before the Supreme Court About 8,000 cases per year are appealed to the Supreme Court At least 4 of the Justices must vote “Yes” to have the Supremes hear the appeal Less than 100 per year get heard. Cases before the Court.

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The Judiciary part 3

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  1. The Judiciary part 3 AP U.S. GOVERNMENT & POLITICS - Judiciary

  2. Cases before the Supreme Court • About 8,000 cases per year are appealed • to the Supreme Court • At least 4 of the Justices must vote “Yes” to • have the Supremes hear the appeal • Less than 100 per year get heard Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  3. Role of the Solicitor General • 3rd ranking member of the Justice Department • In charge of representing the federal gov’t in • appeals before the Supreme Court • Has been referred to as the “10th Justice” Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  4. 4 Key Functions of the Solicitor General • Decide whether to appeal cases for the Fed Gov • Review briefs presented in appeals • Represent the Fed Gov before the Court • Submit “amicus curiae” briefs Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  5. Some Solicitor Generals have become Justices William Howard Taft SG at age 32 President after . . . Lost after one term to . . . Became Chief Justice after serving as Prez Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  6. Some Solicitor Generals have become Justices Thurgood Marshall • Elena Kagan Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  7. And One SG who was REJECTED . . . Robert Bork Cases before the Court AP U.S. GOVERNMENT & POLITICS - Judiciary

  8. Making Decisions • Briefs filed by both sides • Oral arguments presented to the Court • Justices discuss in “conference” • Vote to decide . . . How many needed? • 5 of the 9 Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  9. The Court Opinion • One Justice from “winning side” will be assigned • to write a majority opinion for the Court • This presents the legal reasoning for the decision Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  10. The Court Opinion • A dissenting opinion will also be written by • justices opposed to the majority decision • Concurring opinions may also be written by those • in the majority who want to emphasize different • legal reasoning than the majority opinion Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  11. The Court Opinion & Decision • Courts will attempt to have decisions follow two • principles: • Stare Decisis = “let the previous decision stand” • Precedent = follow legal reasoning of previous • cases Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  12. Opposite Approaches Originalist Evolutionist Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  13. Breyer’s Criteria for Constitutional Interpretation • Text • History • Traditions • Precedent • Purpose or Values • Consequences Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  14. Judicial Implementation • Courts may decide, but • Others must actually implement the decision • “John Marshall has made his decision; • now let him enforce it.” Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  15. Judicial Implementation Populations • Interpreting Population: understand the decision • Implementing Population: people who need to • carry out the decision • Consumer Population: those who may be • affected by the decision Court as Policymaker AP U.S. GOVERNMENT & POLITICS - Judiciary

  16. Courts & Democracy AP U.S. GOVERNMENT & POLITICS - Judiciary

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