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Understanding Supreme Court Ideology: The DC v. Heller Decision and Case Acceptance Process

The Supreme Court's 5-4 decision in DC v. Heller affirmed an individual's right to possess firearms for lawful purposes like self-defense. Justices Stevens and Breyer dissented, contending the Second Amendment protects only militia-related rights. Moreover, the Court receives thousands of petitions annually, but only 80-100 cases are heard. The nomination and confirmation of justices, as well as how cases are selected for review via writ of certiorari, are crucial in shaping court ideology. This summary explores these topics, providing insights into the Court's workings.

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Understanding Supreme Court Ideology: The DC v. Heller Decision and Case Acceptance Process

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Presentation Transcript

  1. FrontPage: NNIGN Homework: OL 331-333 due tomorrow

  2. Supreme Court Ideology

  3. The decision in DC vs. Heller • NO. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home. • Justices John Paul Stevens and Stephen Breyer filed dissenting opinions. Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful.

  4. On the Supreme Court… • Interviews with Supreme Court Justices • http://www.youtube.com/watch?v=wUfl9-cwJt4 • Scalia on Judges • http://www.youtube.com/watch?v=Tme4DEwGL3U&feature=relmfu

  5. The Nomination & Confirmation Process • What are the steps in the nomination/confirmation process for the Supreme Court? • “Short list”/Interviews? • The official nomination • Who contributes their “two cents”? • Senate questionnaire • Senate Judiciary hearing • Senate vote to confirm • Kagan’s Confirmation Hearing – Day 2 • http://www.youtube.com/watch?v=5tCOlKIYqHs&feature=channel • Alito Interviews for the Job • http://www.youtube.com/watch?v=rJyPUaVmX8Q

  6. FrontPage: Where do most Supreme Court cases come from? "Do you ever have one of those days when everything seems unconstitutional?" Homework: OL 333 – 335 due Friday

  7. To Cert or not to cert… • The Supreme Court receives thousands of petitions to hear cases every year. • Of those thousands, only about 80-100 are actually heard each year • If a party loses its case at the circuit level, it may choose to petition the Supreme Court to review the decision: • It is asking for a writ of certiorari; • The justices will get together in conference and discuss the petitions that the Chief Justice has placed on the discuss list • Other justices may also put petitions on this list if they believe they are in need of discussion • Most cases are received by the issuance of a writ of certiorari; known as a “cert” • The court asks the lower court to send the record of the case to the SC so that it can make a decision

  8. Once a case is selected… • 3 options: • The court may decide to issue a per curiam opinion, if it knows how it will rule in the case – issues an unsigned general decision in the case • It may decide to hear the case – will put it on the docket • Vacate and Remand – send the case back down to the lower court to be retried in light of new circumstances • The Petitioner – the person who writes the petition for the writ of certiorari • The Respondent – this is the person who won the case in the lower court • The SC justices do not have time to review all of these petitions; their clerks will read them, and make suggestions about which are the most important • **What would be some good reasons for the acceptance of a case by the Supreme Court

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