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Understanding the Composition, Caseload, and Current Issues of the Supreme Court

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This overview discusses the structure and functioning of the Supreme Court, including the nomination process where the Senate Judiciary Committee plays a key role in approving or rejecting candidates. It highlights the current members of the court, including both liberal and conservative justices, and provides insights into their decision-making process, including how cases reach the court. Additionally, it examines the checks on the judicial branch and significant historical cases that shaped its authority.

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Understanding the Composition, Caseload, and Current Issues of the Supreme Court

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  1. The Supreme Court Composition, Caseload and Current Issues

  2. Supreme Court Selections • Nominee is given to Senate Judiciary Committee. • Nominee grilled by Senate Judiciary • Nominee testifies before committee • Senate Judiciary approves or rejects the nominee • Nominations that are approved by Senate Judiciary, will go to full Senate vote - can be filibustered • *What is the check on the power of the Supreme Court taking place here? • *By what branch/branches?

  3. Checks on Judicial Branch • Presidential nominees must be approved by Senate (only 29 have been rejected out of 147.) • Judges can be impeached • Number and jurisdiction of courts determined by Congress • Amendments to Constitution and new laws can overrule previous court decisions

  4. The Obama Supreme Court

  5. The Obama Supreme Court

  6. Current Members • Chief Justice: John Roberts (C) • Liberal Justices: Elena Kagan, Ruth Bader-Ginsberg Sonia Sotomayor, Stephen Breyer • Conservative Justices: Antonin Scalia, Anthony Kennedy, Clarence Thomas, Samuel Alito.

  7. Supreme Court Composition • 9 Judges • Called “justices” • Currently on 15th Chief Justice • Court only hears about 70 cases a year, only 1-2% of cases reach them • Concurring Opinion (Majority) and Dissenting (Minority) view written.

  8. Conservative Tilt

  9. Bush Appointees • Samuel Alito • Chief Justice John Roberts

  10. Obama’s Appointees • Sotomayor- First Hispanic Justice. • Promoted from 2nd Circuit Appeals Court. • Kagan- Another female appointee • Promoted from Solicitor General

  11. Over the Years- what’s defined • National Supremacy and Slavery (1789-1861) • Marbury v. Madison • Dred Scott v. Sandford (1857) • Government and the Economy (1865-1936) • Protection of private property • Labor Laws • Government and Political Liberty (1953-1969) • Civil Rights Movement

  12. Deciding what to hear • Cornell University’s Supreme Court Calendar • Writ of Certiorari • Court asks to be sent all relevant material on a case from a lower court • “Discuss List” – clerks identify cases worth of court review • Rule of Four – if 4 justices vote to accept the case, the court will do so • Per Curiam Opinion – brief, unsigned statement of the courts decision • Issued without full review, oral argument, etc.

  13. Steps in deciding cases

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