Supreme Court Decision Making

1. Supreme Court Decision Making Chapter 12

2. How long does the Supreme Court meet? • 9 months • First Monday in October-June • 2011 term began in October, runs through June 2012

3. The Court’s Procedures • Two weeks of the month: • Generally hears arguments Mon.-Wed. • Friday– meet to decide cases • Other two weeks – consider arguments, review petitions, write opinions

4. How many cases does the Supreme Court hear? • 8,000 are appealed • Reviews about 5% • Decides several hundred • Full hearings and opinions = 100 cases

5. How do cases reach the court? • Writ of certiorari – order from the Court to a lower court to send records on a case for review • A petition • On appeal • Most involve constitutionality • The Court is very picky about what cases to accept • Per curiam opinion – brief statement of the Court’s decision

6. Steps in Deciding Cases • Brief – written statement setting forth the legal arguments, relevant facts, and precedents supporting their side of the case • Amicus curiae – “friend of the court”, briefs from interest groups, government agencies, etc. • Oral arguments • 30 minutes per side • Justices meet in a secret conference to discuss cases • Vote

7. Steps in Deciding Cases • Writing the opinion • Unanimous opinion – all justices agree • Majority opinion – in favor of the winning side • Concurring opinion – agree with majority, but for different reasons • Dissenting opinion – in favor of the losing side

8. SUPREMECOURT hake hands nanimous opinion ercuriam opinion W it of certiorari airuCsucimA (Amicus Curiae) ajority opinion cnerefnoC (Conference) oncurring opinion ral arguments Send p records W iting an opinion hirty minutes

9. Limits Judicial review Advisory opinion impound Enforcement Stare decisis Precedent Miranda v. Arizona

10. Shaping Public Policy • The Supreme Court determines policy in three ways: • Using judicial review • Dred Scott v. Sanford • Played a big role in the civil rights movement • Interpreting the meaning of laws • Lau v. Nichols • Overruling or reversing previous decisions • Brown v. Board

11. Shaping Public Policy • Impound– President’s power to refuse to spend money that Congress has appropriated • Stare decisis – “let the decision stand” • Precedent • Keeps the law predictable

12. Limits On the Supreme Court • Types of issues • Minor role in foreign policy • Most cases involve civil liberties, economic issues, federal legislation, due process, and suits against government officials • Disputes between states and the federal government

13. Limits On the Supreme Court • Types of cases • Cases in which a decision will make a difference • Advisory opinion – ruling on a law that has not been challenged • Plaintiff must have suffered real harm • Must involve a substantial federal question • Avoids political questions

14. Limits On the Supreme Court • Limited control over agenda • Events beyond the control of the Court shape its agenda, because it can only rule on cases brought before it • Ex. Ending the draft stops the Court’s ability to decide cases involving refusal to serve based on religion

15. Limits On the Supreme Court • Lack of Enforcement Power • “[Chief Justice] John Marshall has made his decision, now let him enforce it.” –Andrew Jackson • Some rulings have been ignored • Checks & Balances • President appoints justices • Congress can impeach justices or not approve appointments

16. Basing Decisions on the Law • Five forces shape Court decisions • Existing laws • Personal views of the justices • Justices’ interactions with each other • Social forces and public attitudes • Congress & the President

17. Views of the Justices • Bloc – group of justices that vote the same way • Liberal and conservative blocs • Swing vote – justice whose views are not consistent with either bloc

18. Relations Among The Justices • Usually meet for oral arguments and conferences only • Likely to agree on issues if the justices get along with each other • Chief Justice acts as a leader

19. The Court and Society • Well insulated from public opinion • Still try to maintain public support • Values and beliefs of society do influence decisions • Court changes with the times • Ex. 1896 Plessy v. Ferguson overturned in 1954 by Brown v. Board of Education

20. Balancing The Court’s Power • President’s Influence • Appointing justices • Shared philosophy • Swing vote • Enforcing decisions

21. Balancing the Court’s Power • Influence of Congress • Pass laws to limit Court’s options in ordering remedies • Congress can revise laws that the Court has struck down • Constitutional amendment • Number of justices • Confirmation power

22. 3-2-1 • On a piece of paper, write the following: • 3 forces that shape Court decisions • 2 ways that Congress influences Court decisions • 1 [most important] way that the President influenced Court decisions • Hand it to me as you leave

23. Supreme Court Political Cartoons… • P. 329 • P. 339 • P. 347 • P. 348 • P. 351

24. Supreme Court Political Cartoons…

25. Supreme Court Political Cartoons…

26. Supreme Court Political Cartoons…