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Inside the Supreme Court: Procedures and Decisions

Explore the Supreme Court's workings since 1979, from oral arguments to final opinions and case resolutions, including procedures and decision steps.

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Inside the Supreme Court: Procedures and Decisions

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  1. The Supreme Court At Work Chapter 12 Section 1

  2. Section 1 The Court’s Procedures • Since 1979, the Supreme Court has been in continuous session, taking only periodic recesses. • During the term, the Court sits for two consecutive weeks each month. • Justices listen to oral arguments from lawyers for each side. Later they announce their opinions.

  3. Section 1 The Court’s Procedures (cont.) • The Court hears oral arguments from Monday through Wednesday. • On Thursday and Fridays justices meet in secret conferences to decide cases.

  4. Section 1 Getting Cases to the Court • Most cases reach the Supreme Court as appeals from lower court decisions. They come to the courts in one of two ways: • writ of certiorari—an order from the Court to a lower court to send up the records on a case for review. • appeal—arequest made to review the decision of a lower federal or state court.

  5. Section 1 Getting Cases to the Court (cont.) • When a case is dismissed by the Supreme Court the decision of the lower court becomes final. • The solicitor general is appointed by the president and represents the federal government before the Supreme Court.

  6. Section 1 Steps in Deciding Major Cases • After the Court accepts a case, the lawyers on each side of the case submit a brief—a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case. • Parties not directly involved in a case but who have an interest in its outcome may submitamicuscuriae—or “friend of the court”—briefs.

  7. Section 1 Steps in Deciding Major Cases (cont.) • The Court issues four kinds of opinions: • About one-third of the Court’s decisions are unanimous opinions. • A majority opinion expresses the views of the majority of the justices on a case. • One or more justices who agree with the majority but do so for different reasons write a concurring opinion. • Adissenting opinion is the opinion of justices on the losing side of the case.

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