The Supreme Court

1. The Supreme Court

2. Analyze the political cartoon: 1) What symbols do you see in each cartoon?2) What words do you see?3) What do you think the cartoon is saying about the Supreme Court?

3. Sonja Sotomayor, Obama Samuel Alito, Bush II Elena Kagan, Obama Clarence Thomas, Bush I Stephen Breyer, Clinton John Roberts, Bush II Ruth Bader Ginsburg, Clinton Antonin Scalia, Regan Anthony Kennedy, Regan

4. The Court: Then and Now • 1891 – Justices earned much of their pay from “riding the circuit” • 2012 – Nominated by P.O.T.U.S. and confirmed by the Senate • Nominations don’t always get confirmed

5. The Supreme Court • Number of justices is set by Congress • Duties: No explicit in Connie • Main duty is to hear and rule on cases • Decide what cases to hear • Decide the case itself – “precedent” for all future cases – p.337, 331 • Determine an explanation for the decision in writing = “Court’s opinion.” • A Supreme Court decision is a FINAL decision!!!

6. How Cases Reach the Court: • Two ways to get to S.C.: • Appeal – the majority of cases S.C. here • “Writ of certiorari”: S.C. orders lower court to send up case records for review • The petitioning party must prove that 1) lower court made a legal error or 2) raises significant issues with Connie • Not everything gets a trial – “per curiam opinion” – unsigned statement of the courts decision Protesters rally to overturn Citizens United v. FEC (2010)

7. Steps in Deciding Major Cases: • Briefs: written statement with key legal info • “amicus curiae:” friend of the court can also submit briefs 2) Oral Arguments 3) Conference 4) Write the Opinion

8. 4 Kinds of Opinions: • Unanimous Opinion • Majority Opinion: expresses views of majority of justices • Concurrent opinion – 1+ justices that agree with majority opinion write this • Dissenting opinion – the opinion of justices on losing side “Eight Supreme Court justices don’t have the common sense of a goat…”